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ri-. <br />DEPARTMENT OF NATURAL RESOURCES <br />Davitl H. Gerchas. Executive Director <br />MINED LAND RECLAMATION DI\ <br />DAVID C. SFIELTON, Director <br />Richard D. Lamm <br />Governor <br />January 16, 1984 <br />T0: File CX-186-00 <br />FROM: Dan Mathews ~ ~~/ <br />RE: Penalty Assessment for NOV 83-34 <br />Due to the nature of the violation (causing coal to be removed from the site <br />prior to submitting proof that the coal was being sold for testing purposes), <br />the seriousness component of the penalty assessment does not apply. The <br />proposed penalty is based on history and fault. The Division has evidence <br />that coal was removed from the site on 7 separate days. For purposes of the <br />penalty assessment, each day of the continuing violation has been deemed a <br />separate violation. <br />History: $0.00 <br />Fault: The violation occurred as a result of a greater degree of fault than <br />negligence. The exploration permit stipulated that no coal was to be removed <br />from the site without first submitting proof to the Division that the sale of <br />coal was for testing purposes. No such proof was provided prior to Mike <br />Savage's inspection on December 12, 1983, when loading of coal into a pick-up <br />truck was observed. <br />During the issuance of NOV 83-34 on Decemoer 15, 1983, id r. Steven Self of <br />East side provided Mike Savage with forms identifying purchasers of coal from <br />Eastside. The forms are signed, dated statements that the purchasers are <br />using the coal for "the purpose of test burning it to determine heat output." <br />Mr. Self requested that the fora be entered into the record, it being nis <br />contention that the forms constitute compliance with the permit and witn the <br />Act and Regulations. <br />It is the Division's determination that the forms do not constitute <br />compliance, and, in fact, are documentation of non-compliance. The forms <br />document coal sales on 7 separate days between December 2, 1983 and December <br />14, 1983. A $750.00 penalty assessed for each day of continuing violation <br />totals $5,250.00. However, the total assessment allowable for fault is <br />$1,500.00. <br />/mt <br />Doc. No. 8598 <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />