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STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: ) Notice of Violation No. C-84-073 <br />Findings of Fact, <br />PEABODY COAL COMPANY } Board Decision and Board Order <br />Pursuant to the authority vested in the Mined Land Reclamation Board by C.R.S. <br />34-33-124 (2), the Board hereby makes the following Findings of Fact and subsequent <br />Board Decision and Order concerning the Notice of Violation No. C-84-073 issued to <br />Peabody Coal Company for the Seneca II Mine in Routt County, Colorado. <br />FINDINGS OF FACT <br />1. An inspection was conducted at the Seneca II surface coal mine on May 8 and 9, <br />1984. <br />2. A previously undisturbed corridor, approximately 800 feet long averaging 5 feet <br />wide, directly west of a partially reclaimed haul road, south of the Wadge <br />Impoundment, was disturbed during surface coal mining and reclamation operations. <br />Topsoil was not salvaged along the corridor. <br />3. Failure to salvage topsoil is in violation of C.R.S. 1973, 34-33-120 (2)(e). <br />4. Peabody Coal Company was issued Notice of Violation No. C-84-073 by the <br />Division on May 9, 1984 in accordance with C.R.S. 34-33-123, far "failure to <br />salvage topsoil prior to surface disturbance". <br />BOARD DECISION <br />1. Upon formal motion and majority vote, the Board finds that Peabody Coal Company <br />did not salvage topsoil prior to surface disturbance. <br />BOARD ORDER <br />1. The Colorado Mined Land Reclamation Board orders that Notice of Violation <br />C-84-073 for failure to salvage topsoil prior to surface disturbance be affirmed. <br />MINED LAND RECLAMATION BOARD <br />Dated: ~~~~~~T~ ~ 8Y:7 ~ u ~ _ <br />C irperson of Board <br />Doc. No. 3940 <br />