ENFORCE31873

• Permit No: C1981029
• IBM Index Class Name: Enforcement
• Doc Date: 8/1/1994
• Doc Name: NOV C-94-011 ISSUED TO THE MEADOWS 1 MINE FN C-81-029
• From: SUN COAL CO
• To: MLRB
• Violation No.: CV1994011
• Media Type: D
• Archive: No

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AUG 01 1994
Sun Coal Company
10200 West 44th Ave., Ste. 120 ~'''°° °"`""e`zs ~ ~°°;°9y
Wheat Ridge, CO 80033
[phone]
FAX [phone]
July 29, 1994
Mr. Luke Danielson, Chair
Colorado Mined Land Reclamation Board
c/o Colorado Division of Minerals and Geology
1313 Sherman Street, Room 215
Denver, Colorado 80203
Re: Notice of Violation C-94-011 issued to the Meadows N 1 Mine (file C-81-029)
Dear Mr. Danielson:
Pursuant to CRS 34-33-124(1)(a) and Rule 5.03.5(1)(a), Sun Coal Company is requesting
a formal public hearing before the Colorado Mined Land Reclamation Board to decide the
merits of Notice of Violation (NOV) C-94-011 issued to the Meadows # 1 Mine on May
25, 1994. Sun Coal further requests review of the amount of any civil penalty to be
levied in this action, should issuance of the notice of violation be upheld by the Board.
This NOV was issued for "failure to conduct rill and gill inspections" at the Meadows No.
I Mine.
Sun Coal originally appealed the issuance of the violation to the Dvector of the Division.
He declined to vacated the violation. Sun Coal further appealed though the Assessment
Conference administrative process and was not successful in having the violation vacated.
Sun Coal believes, based on the lack of factual evidence of a violation, that Sun Coal will
prevail in our contention before the Mined Land Reclamation Board that this NOV was
issued in error. Sun Coal believes that this NOV was issued in direct contravention of
the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining, and
under pressure from the federal Office of Surface Mining Reclamation and Enforcement.
Sun Coal's basis for appeal is presented below.
The statutory citation for the violation is "34-33-111." This section of the statute addresses
reclamation plan requirements and does not mention rill and gully inspections or plans. This is at
best an exceedingly vague and probably incorrect citation and technically negates the issuance of
the NOV. No violation of the cited statutory section has occurred. The regulation section