Laserfiche WebLink
r. <br /> <br />4. Reports of quarterly sediment pond inspections at the Meadows # 1 Mine, since 1990, <br />have not been submitted to the Division by a registered professional engineer, as <br />required by Rule 4.05.6(13), except for one report dated August 3, 1993. <br />5. The Division assessed a civil penalty for the notice of violation of $750.00. The <br />penalty included $250.00 for the low degree of seriousness of the violation, and <br />$500.00 representing negligence on the part of the operator in terms of fault in the <br />offense. <br />Conclusions of Law <br />Under the terms of 2 CCR 407-2 Rule 4.05.6(13), Sun Coal Company was required to have <br />sediment pond inspections at the Meadows #1 Mine conducted by or under the supervision <br />of a registered professional engineer and to have reports of sediment pond inspections <br />submitted to the Division by a registered professional engineer, and has failed to do so. <br />Board Order <br />Based on the foregoing Findings of Fact and Conclusions of Law, and pursuant to the <br />provisions of C.R.S. 34-33-124(1)(a), the Board hereby orders that Notice of Violation No. <br />C-94-012 be modified to exclude reference to the Northwest Impoundment and Rule <br />4.05.9(13), and that the proposed civil penalty of $750.00 be upheld. <br />K <br />Date <br />Luke Danielson, Chairman <br />Colorado Mined Land Reclamation Board <br />