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<br />Ricnard D Lamm <br />Governor <br />DEPARTM~TOFNATURALRESOURCES <br />D. Moore Pascoe, Eeearlrve Dneclor <br />• iiiiiiiuiiiiiuiu <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. SHELTON Director <br />March 9, 1982 <br />Mr. Janes K. Greenlee <br />Vice President of Engineering,and <br />Technical Services <br />western Associated Coal Corporation <br />Suite 2300 <br />410 Seventeenth Street <br />Denver, Colorado 80202 <br />Dear Mr. Greenlee: <br />Attached is the proposed Settlement Agreerent for N.O. V. 's 81-93 and 81-99 <br />issued to the Blue Ribbon Coal Company. Based on the additional information <br />dated February 23, 1982, which you sent to me regarding these violations, <br />2 have consolidated the two violations into one. Thus, the N.O. v. 81-44 - <br />is hereby vacated and made part of N.O.V. 81-43. The attached proposal <br />of civil penalty includes the activities cited under both of the original <br />N. O. V, 's. Thus, the following formula is proposed for the civil penalty: <br />History of Previous Violations - S 150.00 <br />Seriousness - S 900.00 <br />Fault - S 250.00 <br />TOTAL - $1,300.00 <br />The reason for the Seriousness assessment is a combination of destruction <br />of vegetation, erosion problems and slope instability-created by the unpermitted <br />activities. Damage did occur. The duration of damage is unknown at this <br />time and the extent of damage is small at this time, but as a result of the <br />slope instability, could increase. Based on these factors, it is my judgment <br />that 5900.00 for Seriousness is a reasonable assessment. <br />You should review this <br />to the proposal within <br />hesitate to call me, <br />letter and the attached Settlement Agreement and respond <br />ten dads. If you have any questions, please do not <br />Si cerely/ <br />~~l- <br />David C. Shelton <br />Di rector <br />DCS/mmt <br />Attachment <br />cc: Mr. Craig Sherwood <br />423 Centennial Building. 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />