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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-84-074 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 :he Notice of Violation No. C-84-074. 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-84-074 for "failure to maintain a haul road to minimize siltation and erosion to the prevailing hydrologic balance". 2. Pursuant to L.R.S. 34-33-123 (8)(a), a civil penalty was assessed for Notice of Violation No. C-84-074. The penalty was assessed for the amount of $1,000.00. 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 for the amount of $400.00. 5. Pursuant to C.R.S. 34-33-123 (8)(d), the civil penalty was fixed by the Division in the amount of $1,000.00. 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, a civil penalty in the amount of $500.00 was assessed for Notice of Violation No. C-84-074, failure to maintain haul road to minimize siltation and erosion to the prevailing hydrologic balance. BOARD ORDER 1. The Board orders the Division to retain the $500.00 from the $1,000.00 paid by Peabody Coal Company and held in escrow, and to remit $500.00 plus any interest accured for this portion to Peabody Coal Company. MINED LAND RECLAMATION BOARD Dated: ~~~~ By: ~ ,C/(,f ~.~'~ C rperson of a Board Doc. No. 3945