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:~ <br /> ~ iii iiiiiiiiiiiiii ii <br />S rn1r_ qr C_pl rln r.fl7 uu ,,: a~, ~p.~n••.n ~,. .,. ...•. <br />DEPARTMENT OF NATURAL RESOURCES <br />D. Monte Pascoe, E.rtcmive Dnenm <br />~I IN I?J) L.A1 U li l~,(;LAl1 A'1'IO\ <br />423 Centennial Building, 1313 Sherman Street <br />Denver. Colorado 80203 Tel. (303) 866-35F7 <br />David C. Shelton <br />Director <br />April 8, 1983 <br />Mr. Bill Bosworth <br />Sheridan Enterprises, Inc. <br />9745 E. Hampden Avenue, No. 350 <br />Denver, Colorado 80231 <br />RE: McClane Canyon Mine <br />File No. C-004-80 <br />Dear Mr. Bosworth: <br />Enclosed is a Notice of Proposed Civil Penalty - Request for Conference <br />form. The Division proposes a civil penalty in the amount of $350.00. <br />' Using the system set forth in Rule 5.04.5, the assessment was arrived <br />at as follows: <br />1) History of Previous Violations - Salt Creek I.lininq has had no <br />violations issued in the past year. Therefore, no assessment for <br />history is made. <br />2) Seriousness - The assessment for an administrative violation must be <br />based on the extent to which enforcement was obstructed. In this <br />case, the Division feels that the extent to which enforcement was <br />obstructed is minor. Since the permit term for the McClane Canyon <br />Mine is only three years, it is very important for the Division <br />to have concise plans for reclamation of the mine site. Therefore, <br />the Division proposes an assessment of $100.00 for seriousness. <br />3) Fault - It is the Division's opinion that this violation fits the <br />category of negligence (i. e, lack of diligence). Under this <br />category the Division may assess a civil penalty between $250.00 <br />and $750.00. Becuase this violation more closely fits the category <br />of negligence than willful knowing, the minimum of $250.00 is assessed. <br />A <br />