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STATE OF COLORADO <br />IN THE MATTER OF: <br />PEABODY COAL COMPANY <br />Pursuant to the auth <br />34-33-124 (2), the Board <br />Board Decision and Order <br />Peabody Coal Company for <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />Notice of Violation No. C-84-074 <br />Findings of fact, <br />Board Decision and Board Order <br />~rity vested in the Mined Land Reclamation Board by C.R.S. <br />hereby makes the following Findings of Fact and subsequent <br />concerning the Notice of Violation No. C-84-073 issued to <br />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. Haul road material was deposited onto the outslope of the road embankment. An <br />erosion gully had formed at a drainage culvert outlet on the embankment and <br />approximately 5 cubic yards of material was deposited adjacent to a diversion ditch <br />that bypasses the sediment control system. Road ditches and berms were not in <br />place. The drainage culvert was completely blocked. <br />3. C.R.S. 34-33-120(1)(q) requires operators to ensure that the maintenance of <br />access roads into and across the site of operations will control or prevent erosion <br />and siltation, pollution of water, or damage to fish or wildlife and their habitat <br />or private property. <br />4. The Division issued Notice of Violation No. C-84-074 to Peabody Coal Company on <br />May 9, 1984 for failure to maintain haul road to minimize siltation and erosion to <br />the prevailing hydrologic balance. <br />BOARD DECISION <br />1. Upon formal motion and majority vote, the Board finds that Peabody Coal Company <br />confirmed Notice of Violation No. C-84-014 for failure to maintain the haul road. <br />BOARD ORDER <br />1. The Colorado Mined Land Reclamation Board orders that Notice of Violation <br />C-84-074 for failure to maintain haul road to minimize siltation and erosion to the <br />prevailing hydrologic balance be affirmed as it stands. <br />MINED LAND RECLAMATION BOARD <br />Dated: ~-3~-/ By: ~~ ~'IGCGGt ,b/=~ <br />airperson o ie Board <br />Doc. No. 3945 <br />