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'•°.'.; '~ ~ 57ATE OF COLORApO NIGH AND D.~Gnvrmm ~~I11~~III ~~II~~~~I <br />t:: 999 <br />DEPARTMENT OF NATURAL RESOURCES <br />~' ~ Harris O. Sherman. Executive Director <br />. ' ~ MINED LAND RECLAMATION <br />lB3 Centennial Building, 1313 Sherman Street <br />- - -'- Denver, Colorado 80203 Tel. (303) 8393567 <br />_ Hamlet J. Barry, II1, <br />' Director <br />' M E M O R A N D U M <br />i <br />T0: File/~q- ~~ ' <br />FROM: Fred Banta <br />DATE: July 3, 1980 <br />RE: Proposed Fixed Penalty nn //', <br />dJoy,~ ~c.rwv.t- ~-00~~ ~ . <br />------------------------------------------------------------------------- <br />History - $0 <br />This mine has no previous violations from the Colorado <br />Mined Land Reclamation Board. <br />Seriousness - $500.00 <br />The operator failed to salvage an undetermined amount of <br />topsoil or soil suitable as a plant growth medium. The <br />material is lost. <br />Negligence - $750.00 <br />The operator was fully aware of the need to approach the MLRD <br />prior to the disturbance and the construction of the working <br />area. <br />Good Faith - $250.00 <br />At this time it is difficult to fully assess the good faith <br />on the part of the operator. The operator immediately submitted <br />a technical revision after the inspection - that indicates that <br />some consideration was given to the administrative process. <br />However, that also indicates that the operator had full know- <br />. ledge that he was inviolation of the Rules and Regulations of <br />1, the Mined Land Reclamation Division and his Permit 1!79'60. <br />Regardless, a good faith consideration of $250.00 is given be- <br />;' cause of the operators promptness in responding to the situation <br />and desire to resolve the problem. <br />