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DCr-gGTh1ENY flF NATURAL RESOURCf:S <br />D. Monte Pascoe, Executive Direc[or <br />4 ~ <br />~1 IN ED LAN ~ R f~~f L~9 ATION <br />March 26, 1981 <br />Mr. Larry Reschke <br />Grand Mesa Coal Company <br />P.O. Box 226 <br />Delta, Colorado 81416 <br />RE: Settlement Agreement <br />NOV 81-2, As Modified <br />423 Centennial Buildiny, 1313 Sherman Street 'II 1I"IIIII11'I'II <br />ncnver, Colorado 80203 rel. (303) 866 3567 998 <br />David C. Shelton <br />Director <br />As a result of the information presented during the March 23, 1980, informal <br />conference held pursuant to 34-33-123(8), the Division is taking the following <br />actions: <br />1. Notice of Violation 81-1 is hereby vacated. <br />2. Notice of Violation 81-2 is hereby modified to include the infraction <br />identified in NOV 81-1. A copy of the modified NOV 81-2 is attached. <br />3. The assessment of civil penalty for NOV 81-2 is $720.00 <br />The reason for this finding is as follows: <br />1. The operation has no history of a previous violation within the past <br />year. Therefore, this component.is $0. <br />2. The seriousness of the violation is based upon two considerations. <br />The first is consideration of probability of damage occurrence and <br />the second is consideration of the duration and extent of damage. <br />Since the probability of damage occurrence based on the facts presented <br />is likely but the duration and extent of damage would be minor in <br />nature, the assessment for this component is $220.00. <br />3. The Division must consider fault based upon the degree of negligence <br />or recklessness on the part of the operator. It is evident that the <br />operator was informed in previous inspection reports of the problems <br />cited in Notice of Violation 81-2, as modified. The operator did <br />not act to correct these problems nor did he notify the Division as <br />reasons why the problems were not being corrected. It is evident <br />that a failure to maintain the structures in question could result <br />in environmental problems. Since the operator had prior notification <br />of the problem and failed to act, the Division finds him to be seriously <br />negligent. The assessment for this component is $500.00 <br />