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III IIIIIIIIIIIIIIII - sss STATE OF COLORADO MINED LAND RECLAMATION BOARD DEPARTMENT OF NATURAL RESOURCES IN THE MATTER OF: Request for Public Hearing ) FINDINGS OF FACT Rimrock Coal Company ) CONCLUSIONS OF LAW The Rimrock Strip Mine 1 Permit No. C-89-074 1 To: Rimrock Coal Company and all other persons engaged in or owning or controlling the Rimrock Strip Mine coal mining operation located within Section 29, Township 33 South, Range 63 West, Las Animas County, Colorado. Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board ("the Board") by C.R.S. 34-33-10T et seq. and Sections 5.03.5111(c) and 5.04.4111 of the Board's Regulations for Coat Mining, the Board held a Formal Public Hearing on November 17, 1993, to consider a request from Rimrock Coal Company for formal review by the Board of the facts of the violation and the amount of the fixed civil penalty associated with Notice of Violation (NOV) No. C-93-100. FINDINGS OF FACT After consideration of evidence and/or testimony presented by the Division of Minerals and Geology ("the Division") and Landmark Reclamation, Inc. ("Landmark"), operator of the Rimrock Strip Mine, during the Formal Public Hearing, and pursuant to the authority vested in the Bcard by C.R.S. 34-33-101 et seq., and Section 5.04.413) of the Board's Regulations, the Board hereby finds that: 1. Landmark submitted a request for formal review of NOV C-93-100 to the Division on August 25, 1993. As the September 1993 meeting of the Board was to be held in Craig, Colorado, Landmark requested the formal review be held at the next regularly scheduled Board meeting to be held in Denver, Colorado. 2. On October 12, 1993, the Division received a fixed civil penalty of $1,600.00 from Landmark. On November 4, 1993, the Division informed Landmark of its being placed on the agenda of the November 17-18, 1993 Board meeting. 3. On November 5, 1993, the Division published the agenda for the November 17-18, 1993 Board meeting in which the permittee was scheduled to appear before the Board during a Formal Public Hearing. Notice of the public hearing was posted at the Division's offices on November 10, 1993. 4. On June 18, 1993, the Division reviewed the water monitoring results submitted by Landmark Reclamation, Inc. for the Rimrock Strip Mine, and found that Landmark had: failed to appropriately sample and analyze surface water and groundwater for the fourth quarter of 1992 from the four locations identified in the permit, in that: lil the Engleville Mine discharge had been diverted into the USGS well, thus in- validating the sample required for both the Engleville Mine discharge and the USGS well; liil the Montoya Dug well was not sampled; (iii) field parameters of the water samples were not obtained;