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r~ <br />a. History 5 50.00 <br />b. Seriousness 750.00 <br />c. Fault 750.00 <br />d. Good Faith Reduction 0.00 <br />Tota/ S 1, 500.00 <br />7. The Division cited under "Seriousness" that there was "no evidence of actual offsite impact; however, <br />failure to maintain sediment control system creates high potential for offside discharge of disturbed area <br />drainage." <br />8. The Division cited under "Fault" that there was "no evidence of willful non-compliance; however, <br />operator should have noticed and repaired this key element of sediment control system." <br />9. Landmark did not contest the facts of the violation, but stated that the Division had included in its <br />comments that there was no evidence of actual offsite impact or evidence of willful non-compliance, <br />and, as such, the penalty assessments attributed to the "Seriousness" and "Fault" components should <br />be reduced. <br />CONCLUSIONS OF LAW <br />Pursuant to the authority vested in the Board by C.R.S. 34-33-101 et seq. and Sections 5.04.4131, the <br />Board hereby concludes that: <br />1. All required advance notice of this public hearing was provided by the Division in accordance with the <br />Board's Regulations. <br />2. Notice of Violation C-93-085 identified the appropriate violations and regulatory citations for the <br />problems found, and, as such, was appropriately issued by the Division. <br />3. The Division's fixed penalty assessment as described in the Notice of Proposed Amount of Civil Penalty <br />of June 30, 1993 was appropriate, and should not be modified. <br />In clarification of the rights of recipients of Notices of Violation, Cease and Desist Orders and Board Orders, <br />parties are advised to consult the Colorado Surface Coal Mining Reclamation Act and the State <br />Administrative Procedures Act. <br />Nothing herein contained, particularly those portions requiring certain acts to be performed within a certain <br />time, shall be construed as a permit or license to engage in any prospecting or mining operations within the <br />State. <br />Persons concerned with judicial review of the provisions of this Order are advised to consult C.R.S. <br />24-4-106, as amended. <br />Dated at Denver this ~ S ~ day of ~/G , ~ X93 . <br />COLORADO MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />CHAIRMAN <br />m:\oes\6jw\ordar2 <br />