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III IIIIIIIIIIIIIIII <br /> ~ 999 <br /> <br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: <br />Formal Public Hearing Considering <br />Notice of Violation No. C-94-011 <br />File No. C-81-029 <br />FINDINGS OF FACT, <br />CONCLUSIONSOFLAW, <br />AND BOARD ORDER <br />This matter was presented in a hearing, after proper notice, before the Colorado Mined <br />Land Reclamation Board ("Board") on August 24, 1994 in Room 318 of the Centennial <br />Building at 1313 Sherman Street, Denver, Colorado. The Board conducted the hearing to <br />consider the Colorado Division of Minerals and Geology's ("Division") issuance of Notice <br />of Violation No. C-94-011 and associated proposed civil penalty at the Meadows #1 Mine. <br />The hearing was held in accordance with C.R.S. 34-33-124(1)(a) and 2 CCR 407-2 Rule <br />5.03.5(1)(c). A taped transcript of the hearing was made. Pursuant to the authority vested <br />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 <br />makes the following Findings of Fact, Conclusions of Law, and Board Order. <br />Findings of Fact <br />1. On May 25, 1994, the Colorado Division of Minerals and Geology issued Notice of <br />Violation No. C-94-011 at the Meadows #1 Mine, for "failure to conduct monthly rill <br />and gully inspections, as required by Rule 2.05.4(2)(c) of the Rules and Regulations <br />of the Colorado Mined Land Reclamation Board for Coal Mining. The notice <br />applied to the entire permit area. <br />2. Sun Coal Company was committed to conducting monthly rill and gully inspections <br />on the site, as stated in their approved permit application. <br />3. Sun Coal Company did not have documentation that the required inspections had <br />been conducted. <br />