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of co <br /> 0 <br /> y 01 DEPARTMENT OF NATURAL RESOURCES <br /> David H.Getches,Executive Director <br /> MINED LAND RECLAMATION DIVISION <br /> 1876 - 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 84-088 <br /> Mid-Continent Coal Resources, Inc. <br /> I. FINDING OF VIOLATION <br /> During the May, 1984 inspection, Jim Herron, of the Mined Land <br /> Reclamation Division, observed that coal had apparently been pushed <br /> onto the undisturbed area adjacent to the Mine No. 2 coal stockpile <br /> road, and in the undisturbed area between the Mine No. 1 coal stockpile <br /> and the slurry pond. Based upon oral testimony, slides, and <br /> photographs, it appears that the issuance of the violation was <br /> justified. I recommend that the violation NOV 84-088 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 /> The Division based its proposed assessment for seriousness on the <br /> fact that some damage to water quality and topsoil did occur and <br /> that the duration of the violation was considered to be long. <br /> Information presented during the hearing indicates that the <br /> duration of the violation was small . Therefore, I recommend that <br /> the assessment for seriousness be modified from $1 ,325.00 to <br /> $875.00, based on the short duration of the violation. All parties <br /> agreed that the extent of the violation was small . <br /> 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />