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�w of C 0 <br /> 9 <br /> of DEPARTMENT OF NATURAL RESOURCES <br /> ,t *i David H.Getches,Executive Director <br /> MINED LAND RECLAMATION DIVISION <br /> DAVIDC. 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 C-84-089 <br /> Mid-Continent Resources, Inc. <br /> I . FINDING OF VIOLATION <br /> During the May, 1984 Inspection, Jim Herron, of the Mined Land <br /> Reclamation Division, observed that reclaimed and/or topsoiled areas on <br /> the northwest side of the old coal processing waste pile had been <br /> contaminated by a flow of recently deposited coal processing waste. A <br /> violation was issued for failure to insure that reclamation efforts <br /> proceed in an environmentally sound manner. Based on oral testimony, <br /> slides, and photographs, it appears that the violation was justified. <br /> I recommend that violation NOV 84-089 be upheld. <br /> 1I. 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 proposed assessment for <br /> seriousness remain unchanged. An assessment of $1 ,750.00 was <br /> proposed. <br /> C. Fault: <br /> Yr\_ I recommend that the r�ational and proposed assessment for fault <br /> remain unchanged. An assessment for fault of $750.00 was proposed. <br /> 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />