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;' <br />~; <br />III I II' II I II ~~~~ ~I~ <br />DEPARTMENT OF NATURAL RESOURCES <br />D Monle Pascoe, Executive Director <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. SHELTON Director <br />R ichartl0 Lamm <br />Governor <br />TO: <br />March I2, 1982 <br />Trinidad Basin Mining, Inc. File r7o. C-048-81 <br />Enforcement Action <br />FROM: M, S. Savage j~~A 4~_ <br />RE: Justification for Proposed Amount of Civil Penalty <br />for N.O.V. 82-7 <br />Notice of Violation No. 82-7 <br />This notice was issued on February 25, 1982 for failvrA to maintain an <br />adequate topsoil buffer zone between disturbed and undisturbed areas, <br />resulting in a lass of topsoil material. This provision for the main- <br />tenance of buffer zones is specifically addressed in the operator's <br />permit document. <br />Proposed Amount of Civil Penalty - NOV 82-7 <br />A. History <br />Trinidad Basin t9ining was issued two violations in the course of the past <br />calendar year. Fifty dollars is to be assessed for each of the violations <br />for a total of $100.00 <br />History Total: $' 100.00 <br />E. Seriousness <br />The proposed amount of civil penalty for seriousness is based on criteria <br />found in the September 4, I981 System for Assessing Civil Penalties. <br />I. Probability of Damage Occurrence <br />Damage to the environment will occur due to the inevitable Loss <br />of salvageable topsoil. During backfilling and grading operations, <br />topsoil from the undisturbed area will become mixed with backfill material <br />due to the operational limitations of equipment. This Loss would not have <br />occurred had the operator stripped an adequate buffer zone. Equipment would <br />have been able to backfill and grade without disturbing the in situ top- <br />soil. A value of four (4) has been assigned for probability of damage <br />occurrence. <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />