2012-03-30_GENERAL DOCUMENTS - C1981008

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The remedies available under the Colorado Coal Program are not only "complete and adequate," they are also speedy. Under 2 CCR 407 -2, Rule 5.03.5(3), a formal hearing "shall be held within 60 days after the Board's receipt of a request therefore." The Board must then act promptly at the conclusion of the hearing, as required by Rule 5.03.5(4)(a): When a hearing has been held on a notice of violation, the Board shall make findings of fact and issue a written decision within 30 days after the close of the hearing. Such decision shall incorporate the Board's findings and its order affirming, modifying, vacating, or terminating the notice or the modification, vacation, or termination thereof. Thus, effective remedies were available to plaintiffs. They simply chose not to pursue them. IV. OSM Also Denied Plaintiffs' Claims. After this action was filed, plaintiffs belatedly obtained OSM informal review of the DRMS determination, resulting in another administrative determination that was resolved against them. In Exhibit 9, OSM did not find WFC to have violated any applicable regulation of the Colorado Coal Program or any permit condition. OSM did not disturb the Division's finding that its original Prime Farmlands investigation and determination had been a reasonable one. Instead, OSM found that the Division had taken certain other permit actions, after the February 2008 determination that Prime Farmlands were present on the Property, that OSM found to have been arbitrary and capricious. Id. at 9. However, OSM found that these approvals were moot, superseded by subsequent permit approvals, and therefore ordered no corrective action be taken. Id. OSM targeted the topsoil redistribution aspects of these permit decisions, particularly as to the depth of topsoil required. Id. As shown in Exhibits 2 and 3, topsoil redistribution is incomplete on parts of the Property and has yet to begin on most of the Property. Thus, the 13