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�w OF <0P <br /> 9 <br /> DEPARTMENT OF NATURAL RESOURCES <br /> * '~ C *; David H.Getches,Executive Director <br /> * ~`1g766 *' MINED LAND RECLAMATION DIVISION <br /> DAVID C. SHELTON, Director <br /> Richard D.Lamm <br /> Governor <br /> January 23, 1985 <br /> MEMORANDUM <br /> TO: Fred Banta <br /> David Shelton <br /> FROM: David Holm <br /> RE: Recommended Settlement of NOV 84-086 <br /> Mid-Continent Resources, Inc. <br /> I . FINDING OF VIOLATION <br /> On May 21 , 1984, Jim Herron, of the Mined Land Reclamation Division, <br /> observed sediment, containing coal processing waste, along the bank of <br /> Bear Creek in two locations near Pond 2, below the prep plant. In <br /> addition, an accumulation of non-coal waste (e.g. , belts, tires, and <br /> metal) near the bathhouse pond was observed. This is not an approved <br /> trash disposal area. Based on oral testimony, slides, and photographs, <br /> the violation for failure to properly dispose of waste materials was <br /> justified. I recommend that NOV 84-086 be upheld. <br /> II. PENALTY ASSESSMENT <br /> A. History: <br /> Based on the fact that one violation was issued against <br /> Mid-Continent Coal Resources within the 12 months prior to this <br /> NOV, an assessment of $50.00 is recommended. <br /> B. Seriousness: <br /> I recommend that the rationale and the proposed assessment for <br /> seriousness remain unchanged. An assessment of $175.00 for <br /> seriousness was proposed. <br /> C. Fault: <br /> I recommend that the �ssessment <br /> ational and proposed assessment for fault <br /> remain unchanged. An for fault in the amount of $500.00 <br /> was proposed. <br /> 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />