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_. ,. <br />III IIIIIIIIIIIII 111 <br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: <br />Request for Public Hearing <br />Rimrock Coal Company <br />The Rimrock Strip Mine <br />Permit No. C-89-074 <br />FINDINGS OF FACT <br />CONCLUSIONS OF LAW <br />To: Rimrock Coal Company and all other persons engaged in or owning or controlling the Rimrock Strip Mine <br />coal mining operation located within Section 29, Township 33 South, Range 63 West, Las Animas County, <br />Colorado. <br />Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board ("the Board"1 by <br />C.R.S. 34-33-101 et seq. and Sections 5.03.5(111c) and 5.04.4111 of the Board's Regulations for Coal <br />Mining, the Board held a Formal Public Hearing on November 17, 1993, to consider a request from Rimrock <br />Coal Company for formal review by the Board of the facts of the violation and the amount of the fixed civil <br />penalty associated with Notice of Violation 1NOV1 No. C-93-085. <br />FINDINGS OF FACT <br />After consideration of evidence and/or testimony presented by the Division of Minerals and Geology ("the <br />Division"- and Landmark Reclamation, Inc. ("Landmark"), operator of the Rimrock Strip Mine, during the <br />Formal Public Hearing, and pursuant to the authority vested in the Board by C.R.S. 34-33-101 et seq., and <br />Section 5.04.4131 of the Board's Regulations, the Board hereby finds that: <br />1. Landmark submitted a request for formal review of NOV C-93-085 to the Division on August 25, 1993. <br />As the September 1993 meeting of the Board was to be held in Craig, Colorado, Landmark requested <br />the formal review be held at the next regularly scheduled Board meeting to be held in Denver, Colorado. <br />2. On October 12, 1993, the Division received a fixed civil penalty of S1,550.00 from Landmark. On <br />November 4, 1993, the Division informed Landmark of its being placed on the agenda of the <br />November 17-18, 1993 Board meeting. <br />3. On November 5, 1993, the Division published the agenda for the November 17-18, 1993 Board meeting <br />in which the permittee was scheduled to appear before the Board during a Formal Public Hearing. <br />Notice of the public hearing was posted at the Division's offices on November 10, 1993. <br />4. On May 25, 1993, the Division inspected the Rimrock Strip Mine and found that, in the course of <br />operations, Landmark had: <br />a. failed to replace as required by Section 4.03.2(41 of the Board's Regulations, the two 24- <br />inch culverts, placed in Sediment Collection Ditch No. 1 under the topsoil pile access <br />road, that had been crushed by reclamation equipment operating at the mine site. <br />5. An assessment conference was held on August 10, 1993, at which this matter was heard, but at which <br />the issues were considered not to have been resolved, as the permittee chose not to sign the associated <br />assessment conference settlement agreement. <br />6. A Notice and Order to pay Fixed Penalty was sent to the permittee on September 3, 1993, reflecting <br />the following assessments: <br />