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~° <br />NOTICE OF VIOLATION <br />CEASE AND DESIST ORDER <br />CIVIL PENALTY <br />T0: ROCKCASTLE COMPANY and 'all persons presently owning or <br />acquiring now or in [he future aninteres[ in the Grassy <br />Creek Coal Company Mine No. 1. <br />FINDINGS OF FACT <br />.~- <br /> <br />MINED LAND RECLAMATION BOARD <br />DCPARTM[NT OF NATURAL RESOURCES <br />IN THE MATTER OF ) <br />THE ROCKCASTLE COMPANY) <br />I. The ROCKCASTLE COMPANY is operating a surface strip coal <br />mine known as the Grassy Creek Coal Company Mine No. I, pursuant to <br />Permit Nwnber 78-45. <br />2. Inspection of the site on April 17, 1979 revealed that <br />ROCKCASTLE COMPANY has failed [o adequately salvage topsoil in a <br />nwnber of areas. The areas are as follows: <br />a} The access/haul road is currently being widened. This <br />construction was done without salvaging topsoil. Vegetation and <br />topsoil material were mixed with overburden material resulting in <br />the loss of the topsoil. This demonstrated in slides number 6-9, <br />11,20 of date April 17, 1979. <br />b) Vegetation is visible on the edge of the highwall of <br />pits A-I and 8-1, because of such practice topsoil was not salvaged <br />but lost. This is demonstrated in slides number 3,5,16 of date <br />April 17, 1979. <br />c) A road cut had been made between pits B-1 and B-2. The <br />topsoil had been pushed down into the B-I pi[ area resulting in the <br />mixing of [his material with overburden material. This is demonstrated <br />in slides numbered 5,7 of date April 17, 1979. <br />3) The above referenced inspection revealed that overburden <br />stockpiles AX and BDX exCend onto undisturbed vegetation along portions <br />of these borders. Because of such practice topsoil was not salvaged <br />but was lost. This is demonstrated in slides, numbered 12,13,13 of <br />date April l7, 1979. This indicates topsoil was not adequately stripped <br />prior to deposition of over burden material. <br />4) The above referenced inspection revealed that some topsoil <br />has been incorporated into overburden stockpile AX. This has resulted <br />in the mixing together of topsoil and overburden material. Because of <br />such practice topsoil was not salvaged but was lost. This is demon- <br />strated in slides nwnbered 14,15 of date April 17, 1979• <br />NOTICE OF VIOLATION <br />You are hereby notified that the facts stated above constitute <br />a violation of Section 116 (L) (g), Article 32, Title 34, C.R.S. 1973 <br />as amended. Also, [he following sections of ROCKCASTLE COMPANY Develop- <br />ment and Extraction Mining Permit has been viola[ed.- <br />I) Exhibit D of said permit 78-45-Mining Plan addressing <br />topsoil stripping procedures. <br />2) Exhibit E of said permit 78-45-Reclamation Plan. <br />v <br />