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STATE OF COLORADO MINED LAND RECLAMATION BOARD DEPARTMENT OF NATURAL RESOURCES IN THE MATTER OF: ) PEABODY COAL COMPANY ) Pursuant to the authority vested 34-33-123(f), the Board hereby makes Board Decision and Order concerning CIVIL PENALTY Notice of Violation No. C-84-073 Findings of Fact, Board Decision and Board Order in the Mined Land Reclamation Board by C.R.S. the following findings of Fact and subsequent the Notice of Violation No. C-84-073. FINDINGS OF FACT 1. Pursuant to C.R.S. 34-33-123 and upon an inspection of the Seneca II Mine which is operated by Peabody Coal Company in Routt County, Colorado, the Division issued Notice of Violation No. C-84-073 for "failure to salvage topsoil prior to disturbance". 2. Pursuant to C.R.S. 34-33-123 (8)(a), a civil penalty was assessed for Notice of Violation No. C-84-073. The penalty was assessed for the amount of $750.00. 3. Pursuant to C.R.S. 34-33-123 (8)(b), an assessment conference was held to discuss the violation and the amount of the penalty. 4. Pursuant to C.R.S. 34-33-123 (8)(c), a settlement agreement was prepared by the Division. 5. Pursuant to C.R.S. 34-33-123 (8)(d), the civil penalty was fixed by the Division in the amount of $750.00. 6. Pursuant to C.R.S. 34-33-123 (8)(f), the penalty was paid and a review requested, thereof, by Peabody Coal Company. BOARD DECISION 1. Upon formal motion and majority vote, no civil penalty was assessed for Notice of Violation No. C-84-073. The degree of damage to the undisturbed topsoil was minimal and no topsoil was permanently lost. 80ARD ORDER 1. The Board orders the Division to remit the $750.00 held in escrow plus any interest accrued for this portion to Peabody Coal Company. p ,/ MINEDLLAND RECLAMATION BOARD Dated: /~,3~37 By: GI:~'f_.c 7 ~ C/'~ ~--- Chairperson of t Board Doc. No. 3940E