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J <br />Colowyo was disappointed the DMG did not consider the one year extension requested in the MR <br />as a solution to the problems cited in the NOV. Extremely wet weather in the spring and <br />summer of 1995 hampered their reclamation efforts preventing them from spreading as much <br />topsoil as they had anticipated. Rather than receiving an NOV they would have preferred to <br />handle an extension through the revision process. <br />Based on the information presented in the conference, 1 will uphold the part of the NOV for <br />failing to replace the topsoil in two of the "surge" piles within the one year deadline and the <br />requirement to mark the piles. Three piles were not marked in the December inspection. 1 <br />believe the one year window to spread the topsoil is reasonable. If Colowyo is unable to spread <br />topsoil within one year, extensions can, and should, he considered on a case by case basis prior <br />to the deadline. Given the one year maximum time to spread topsoil seeding is not necessary <br />in my opinion. Erosion is controlled by the materials inherent in the topsoil resource for the <br />limited duration of time. With respect to the signs, in the assessment conference it was agreed <br />that Colowyo will mark all surge piles that remain over the winter. <br />The proposed civil penalty was: <br />History $50.00 <br />Seriousness $500.00 <br />Fault $500.00 <br />Good Faith $0.00 <br />Total $1050,00 <br />Seriousne~ <br />I agree with the part of the proposed penalty that states no actual damage occurred. The <br />potential for damage is insignificant because the piles were stabilized. They were located outside <br />of active mining areas where the potential for damage due to the lack of a sign was insignificant. <br />I propose to reduce the seriousness to $0.00. <br />Fault <br />The operator failed to request an extension for the length of time the piles could remain during <br />the year they were granted to replace the topsoil. I feel this represents a low level of negligence. <br />Good Faith <br />I am not recommending a good faith reduction. <br />Settlement Agreement Penalty <br />History $0.00 <br />Seriousness $0.00 <br />Fault $250.00 <br />Good Faith $0.00 <br />Total $250.00 <br />