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<br />5. On December 15, 1994, FTACO C-93-158 was issued for failure to <br />abate NOV C-91-024 which eliminates all existing highwalls. <br />6. American Shield Coal Company has not abated the Notice of <br />Violation. <br />Conclusions of Law <br />Under the terms of C.R.S. 34-33-124(4) and Rule 3.04.1, American <br />Shield Coal Company has failed to conduct reclamation operations in <br />accordance with the .Act and the Regulations. <br />Board Order <br />Based on the forgoing Findings of Fact and Conclusions of Law, and <br />pursuant to the provisions of C.R.S. 34-33124(4) the Board hereby <br />orders that the reclamation band in the amount of $36,000 be <br />forfeited, that the Division use bond monies to reclaim the mine to <br />the best possible contour and that any excess monies not used in <br />reclamation be returned to the operator. <br />Date ~ <br />i <br />Chris Jou as, hairperson <br />Colorado fined Land Reclamation Board <br />