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.,. <br />;. <br /> <br />1111111 1111111 <br />STATE' OF COLORADO <br />MINED LAND REC LAMA'fION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE h1ATTER OF: ) Fin din qs of Fact, <br />Board Decision <br />WALDEN COAL C0b1PANY ) and <br />BOURG STRIP MINE ) Board Order ' <br />Pursuant to the authority vested in the Mined Land Reclamation Board by C.R.S. <br />1973, 34-33-124(2), as amended, the Board hereby mai:es the foIlowiny Findings <br />of Fact and subsequent Board Decision and Order concerning Notices of Violation <br />81-19, 81-15 and 81-16: <br />I. Notice of Violation 81-19 <br />A. Findings of Fact <br />1. Pursuant to C.R.S. 1973, 39-33-123, as amended, and <br />Upon an inspection of the Northgate Loadout located in Jackson County, <br />the Division issued Notice of Violation 81-14 to WALDEN COAh COMPANY for <br />"initiation of operations at the Northgate Loadout facility without having <br />an appropriate permit." <br />2. Pursuant to C.R.S. 1973, 3•?-33-I23(8)(d), as amended, the Division <br />fixed the Civil Penalty for the violation at $1,600.00. <br />3. WALDEN COAL COMPANY suhmi tted an application to amend Permit No. <br />79-125 on September 30, 1980. <br />4. Applications for amendments to pcrm.its for coal mining and reclamation <br />operations submitted prior to December 15, 1980 were processed by the Ffined <br />Land Reclamation Division pursuant to the Colorado Mined Land Reclamation <br />Act, C.R.S. 1973, 34-32-101, et. seq., as amended. <br />5. Specifically, applications for amendments were to be processed in the <br />same manner as applications for new pez-mits pursuant to C.R.S. 1973, <br />34-32-112(8), as amended, which reads: <br />An operator may...apply to the Board...for an amendment to the permit <br />increasing or decreasing the acreage to be affected... Applications <br />for...amendment of a permit shall be reviewed by the Board in the <br />same manner as applications for new permits. <br />