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a <br />s <br />4. The Division assessed a civil penalty for the notice of violation of $750.00. The <br />penalty included $500.00 for the moderate degree of seriousness of the violation, <br />$500.00 representing negligence on the part of the operator in terms of fault in the <br />offense, and a penalty reduction of $250 for good faith on the part of the operator <br />in abating the violation in an extraordinarily short time frame. <br />Conclusions of Law <br />Under the terms of C.R.S. 34-33-111 and 2 CCR 407-2 Rule 2.05.4(2)(c) and page 378 of <br />the approved Meadows #1 Mine permit application, Sun Coal Company was required to <br />conduct monthly rill and gully inspections at the Meadows #1 Mine 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-94-011 and the proposed civil penalty thereof ($750.00) be upheld. <br />~~ <br />Date <br />Luke Danielson, Chairman <br />Colorado Mined Land Reclamation Board <br />