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<br /> <br />Richartl D. Lamm <br />Governor <br />C~ <br />DEPARTMENT OF NATURAL RESOURCES <br />David H. Getches, E>tecutive Director <br />MINED LAND RECLAMATION DI\ <br />DAVID C. SHELTON, Director <br />February 14, 1986 <br />Mr. David Canning <br />Sunland Mining Corp. <br />P.O. Box 55 <br />Oak Creek, CO 80467 <br />RE: Proposed Civil Penalty for NOV C-86-007 written to the Apex No. 2 Mine <br />(C-81-011) <br />Dear Mr. Canning: <br />During the course of my review and assessment of the circumstances surrounding <br />the above notice, an oversight was made by me regarding the rapidity with <br />which you completed the abatement of the violation (sampling performed within <br />2 hours of receipt of the notice). Asa result of this oversight I did not <br />assign any credit for good faith, which is appropriate in this instance. With <br />this correspondence which is within the thirty day timeframe for assessment, I <br />would propose to modify the proposed civil penalty for NOV C-86-007 thus: <br />History S 0.00 <br />Seriousness b 50.00 <br />Fault 5250.00 <br />Good Faith - .1;200.00 <br />Total E100.00 <br />Attached please find a modified "Notice of Proposed Amount of Civil Penalty/ <br />Request for Conference" form with the revisions noted above. The previous <br />form; with the exception of the Civil Penalty Worksheet will be invalidated, <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />• III IIIIIIIIIIIIIIII <br />