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~ ri s 1 STATE OF COLORADO MINED LAND RECLAMATION BOARD DEPARTMENT OF NATURAL RESOURCES W THE MATTER OF: Formal Public Hearing Considering Notice of Violation No. C-94-012 File No. C-81-029 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND BOARD ORDER This matter was presented in a hearing, after proper notice, before the Colorado Mined Land Reclamation Board ("Board") on August 24, 1994 in Room 318 of the Centennial Building at 1313 Sherman Street, Denver, Colorado. The Board conducted the hearing to consider the Colorado Division of Minerals and Geology's ("Division") issuance of Notice of Violation No. C-94-012 and associated proposed civil penalty at the Meadows #1 Mine. The hearing was held in accordance with C.R.S. 34-33-124(1)(a) and 2 CCR 407-2 Rule 5.03.5(1)(c). A taped transcript of the hearing was made. Pursuant to the authority vested in the Board by C.R.S. 34-33-124(2) and 2 CCR 407-2 Rule 5.03.5(4)(a),the Board hereby makes the following Findings of Fact, Conclusions of Law, and Board Order. Findings of Fact 1. On May 25, 1994, the Colorado Division of Minerals and Geology issued Notice of Violation No. C-94-012 at the Meadows #1 Mine, for "failure to submit, to the Division by a registered professional engineer, copies of inspections of ponds and impoundments", as required by Rules 4.05.6(13) and 4.05.9(13). The notice applied to the Yampa Sediment Pond, Sedimentation Ponds No. 1 and 2, the Explosives Storage Area Sedimentation Pond, and the Northwest Sediment Trap (previously identified as the Northwest Impoundment). 2. The Northwest Sediment Trap was not permitted as an impoundment, and as such should not have been subject to the requirements of Rule 4.05.9(13). 3. Quarterly pond inspections at the Meadows #1 Mine, since 1990, have not been conducted by or under the supervision of a registered professional engineer, as required by Rule 4.05.6(13), except for one report dated August 3, 1993.