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9 <br /> p DEPARTMENT OF NATURAL RESOURCES <br /> * ! yq * David H.Getches,Executive Director <br /> MINED LAND RECLAMATION DIVISION <br /> 1876 * D"ID 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 C-84-091 <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 coal processing waste had been <br /> spoiled downslope from the Mine No. 1 bench immediately below the <br /> trommel screen waste storage pile. While such spoilage was not <br /> observed during the inspection, evidence was presented which indicated <br /> that this was a recent occurrence. Based on oral testimony, slides, <br /> and photographs, it appears that violation NOV 84-091 is justified and <br /> should 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 proposed assessment for <br /> seriousness remain unchanged. An assessment for seriousness in the <br /> amount of $450.00 was proposed. <br /> C. Fault: <br /> I recommend that the rationale and proposed assessment for fault <br /> remain unchanged. An assessment for fault of $500.00 was proposed. <br /> 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />