Laserfiche WebLink
5. The Division properly served to the Permittee all the necessary notices <br />for the violation, the proposed and fixed penalties, the assessment <br />conference and the Board hearing within the appropriate time frames, as <br />prescribed in Rules 5.03.2(2), 5.03.2(4), 5.03.4, 5.04.3, and 5.04.4. <br />6. The Permittee provided both a request for a Board hearing and the fixed <br />civil penalty in the amount of 51,000.00 to the Division within the time <br />frame prescribed in Rule 5.04.411). <br />7. The Division provided all notice prior to the hearing as required in <br />Rule 5.04.4(2). <br />Conc/usions of Law <br />Based upon the aforementioned Findings of Fact, and in accordance with <br />C.R.S. 34-33-123(8)(f) and 34-32-124, and Rule 5.04.4(31, the Colorado Mined Land <br />Reclamation Board concludes the following: <br />1. The sediment pond embankment built at the Rimrock Strip Mine was <br />not constructed per the requirements of Rule 4.05.6(1 1)(f), nor per the <br />requirements of the approved permit application. <br />2. The Division approved the original Rimrock Strip Mine application in <br />contradiction to Rule 4.05.6(711(f). As such, the Division should share <br />part of the responsibility for the embankment not being constructed in <br />compliance with the regulations. <br />3. The issuance of Notice of Violation No. C-93-005 to Rimrock Coal <br />Company by the Division was appropriate. <br />4. The amount of civil penalty assessed to Rimrock Coal Company should <br />be reduced from 51,000.00 to 5250.00, to reflect a lesser degree of <br />negligence than that originally attributed to the Permittee. <br />