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',' <br />.; <br /> <br />N~iN~:u ~~n~u iti~:ca.;11V1A~r~O1V <br />423 Centennial Building, 1313 Sherman Street <br />Denver, Colorado 80203 Tel (303) 839-3567 <br />David C. Shelton <br />Director <br />Mr. Darrel Hespe <br />Dorchester Coal Company <br />751 Horizon Court <br />Grand Junction, Colorado <br />~- <br />StnTE o~- ~~t.~~.,,1~~ ~,~~ ,~~~,~.~~.,~, ,,.,~,,,,,~, ~II II~II~II~II~~~I~ <br />D EPARTMENi OF NATURAL RESOURCES <br />D. Monte Pascoe, Execu UVC Duectm <br />June 2, 1981 <br />81501 <br />Re: Settlement Agreements for N.O.v. 81-10 and N.O.V. 81-11 <br />Our File No. C-014-81 <br />Dear Mr. Hespe: <br />Attached are proposed settlement agreements for N.O.V. 81-10 and N.O.V. <br />81-11. If you are in agreement with the proposed settlements, please sign <br />the settlement agreement forms and return to the Division. If you dis- <br />agree with the decision, please notify the Division and be advised of your <br />rights and the steps you should take to resolve the issue according to the <br />procedures of the Colorado Surface Coal Mining Reclamation Act and Rule S <br />of the rules and regulations for coal mining. <br />The assessment of the penalty for the failure to salvage topsoil is based <br />on facts brought Forth in the conference. It is evident that the operator <br />failed to salvage topsoil during the construction of the road and was <br />negligent in doing so. The environmental damage consisted of a loss of <br />topsoil material and the degradation of topsoil as a result of the operator's <br />activity. According to sections 34-33-121(2)(j) and 34-33-121(2)(e) it is <br />clear that prior to the construction of new roads that topsoil shall be <br />salvaged. <br />Although the placement of soil material outside the permit area was not author- <br />ized, it was not evident, from the facts presented, that the activity in <br />itself caused environmental damage. The contamination of topsoil by coal <br />waste material was not of a magnitude to be considered serious either. The <br />operator rectified these problems. However, both of these activities, along <br />with the failure to salvage topsoil at the road construction, raised the <br />Division's concern as to how the operator is managing topsoil salvage and <br />replacement. It is for this reason they were included in the notice of <br />violation For failure to salvage topsoil. <br />