ENFORCE28982

• Permit No: C1989074
• IBM Index Class Name: Enforcement
• Doc Name: FINDINGS OF FACT CONCLUSIONS OF LAW BOARD ORDER
• Violation No.: CV1993053
• Media Type: D
• Archive: No

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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 1 CONCLUSIONS OF LAW
The Rimrock Strip Mine 1 BOARD ORDER
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 l"the Board") by
C.R.S. 34-33-101 et seq. and Sections 5.03.51111c) and 5.04.411) of the Board's Regulations for Coal
Mining, the Board held a Formal Public Hearing on November 17, 1993, to consider a request from Rimrock
Coal Company for a 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-93-053.
FINDINGS OF FACT
After consideration of eviderice 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 Board by C.R.S. 34-33-101 et seq., and
Section 5.04.413) of the Board's Regulations, the Board hereby makes the following Findings of Fact:
Landmark submitted a request for formal review of NOV C-93-053 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 51,550.00 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 offices on November 10, 1993.
4. On April 9 and 10, 1993, the Division inspected the Rimrock Strip Mine and found that, in the course
of operations, Landmark had:
failed to store, protect and identify the topsoil removed from the haul road as required by
Sections 4.06.1, 4.06.2, 4.06.3 and 4.02.7 of the Regulations;
b. failed to remove, store, protect and identify the topsoil removed from the disturbed area
located north of the sediment pond, south of the entrance pate and east of the haul road
as required by the Sections of the Regulations identified in 4.a. above;
c, failed to pass the surface drainage from the disturbed area, described in 4.b. above,
through a sedimentation pond, a series of sedimentation ponds, or a treatment facility
before leaving the permit area as required by Section 4.05.211) of the Regulations, and,