ENFORCE37067

• Permit No: C1981019
• IBM Index Class Name: Enforcement
• Doc Date: 7/8/1993
• Doc Name: NOTICE OF PROPOSED AMOUNT OF CIVIL PENALTY REQUEST FOR CONFERENCE
• Violation No.: CV1993072
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department or Natural Resources
1713 Sherman St., Room 21 S
Denver, CO 80203
Phone 13031 8h6~3567
FAX. [phone]
DATE: July 7, 1993
T0: Permit File No. C-81-019
FROM: Daniel I. Hernandez, Senior Reclamation Specialist ~(~-`"
RE: Proposed Civil Penalty Assessment, Colowyo Coal Company,
The Colowyo Mine, Notice of Violation No. C-93-072
of Soto
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Roy Romer
Governor
Michael B. LOng
D rvision Director
The following documents were used as a basis for determining the following
proposed amendment:
(1) Colorado Surface Coal Mining Reclamation Act, 34-33-101 et seq.,
C.R.S. 1973 as amended.
(2) Rules and Regulations of the Colorado Mined Land Reclamation Board
pursuant to the Colorado Surface Coal Mining Reclamation Act, Revised
June 30,.1991.
(3) U.S. Office of Surface Mining Civil Penalty Assessment Manual,
Directive CAA-1, Transmittal 410, January 6, 1988.
A. HISTORY (Rule 5.04.5(3)(a))
550.00
One NOV was issued to Colowyo Coal Company within the previous
twelve months from the date of the issuance of this NOV. This previous
NOY was not vacated. This previous NOV is not the subject of pending
administrative or judicial review. The time to request such review, or to
appeal any administrative or judicial decision, for this previous NOV has
expired.
B. SERIOUSNESS (Rule 5.04.5(3)(b)) 5250.00
This NOV is non-administrative in nature. As such, seriousness was
determined within the context of two criteria: 1) the probability of the
occurrence of an event which a violated standard is designed to prevent,
and 2) the duration and extent of the potential or actual damage in terms
of area and impact on the environment.
(1) Rule 4.06.3 is designed to (a) prevent disturbance of stockpiled
materials by mining operations, (b) protect stockpiled materials from
wind and water erosion, (c) protect stockpiled materials from
unnecessary compaction, and (d) protect stockpiled materials from
contamination which would lessen the capability of the material to
support vegetation when redistributed in accordance with Rule 4.06.4.