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OF'COC <br /> DEPARTMENT OF NATURAL RESOURCES <br /> * David H.Getches,Executive Director <br /> MINED LAND RECLAMATION DIVISION <br /> 1876 DAVIDC. SHELTON, Director <br /> Richard D Lamm <br /> Governor <br /> r <br /> January 23, 1985 <br /> MEMORANDUM <br /> TO: Fred Banta <br /> David Shelton <br /> FROM: David Holin <br /> RE: Recommended Settlement of NOV C-84-095 <br /> Mid-Continent Resources, Inc. <br /> I . FINDING OF VIOLATION <br /> During the May, 1984 Inspection, Jim Herron, Df the Mined Land <br /> Reclamation Division, observed that a considerable quantity <br /> (approximately 40,000 tons) of coal was stockpiled at the Mine No. 2 <br /> bin pad. This unauthorized coal storage resulted in off-site damage to <br /> downslope areas when coal was inadvertantly pushed over the edge of the <br /> nine bench. Downslope spoilage of coal was not observed during the <br /> inspection. However, recent spoilage was evidenced by coal laying on <br /> top of snow below the Mine NO. 2 bin pad. Visual evidence and oral <br /> testimony presented during the hearing substantiated the justification <br /> for NOV 84-095. I recommend that this violation 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 tine <br /> amount of $1,600.00 was proposed. <br /> 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />