ENFORCE37380

• Permit No: C1981021
• IBM Index Class Name: Enforcement
• Doc Date: 11/19/1981
• Doc Name: FINDINGS OF FACT BOARD DECISION & BOARD ORDER
• Violation No.: CV0000000
• Media Type: D
• Archive: No

~~ i
6. She Board took no action on thr_ application for an amendment to
Permit No. 79-125 within one-hnndn:d-twenty days of subnussion.
B. Board Decision
1. Pursuant to C.R.S. 1973, 34-32-115(3), as amended:
If action upon the application is not complete within the one-hundred-
twenty-day period specified in subsection (2) of this section, the
permit shall be considered to he approved and shall be promptly issued
upon presentation by the applicant of surety .in the amount of Two
Thousand dollars per acre affected.
2. Therefore, by virtue of the fact that the Board took no action on
the application for an amendment within one-hundred-twenty days of submission,
the applicant, !t'Ar,DEN COAL COMPANY, was entitled to a permit to operate
at the Northgate Loadout and .is not in violation of mining without a permit.
C. Board Order
1. Notice of Violation 81-14 is vacated and the Civil Penalty of 51,600.00
is dismissed.
II. Notice of Violation 81-15
A. Findings of Fact
1. Pursuant to C.R.S. 1973, 39-33-123, as amended, the Division issued
Notice of Violation 81-15 to [JALDEN COAL C014PAN3' for "failure to construct
sediment control facilities prior to initiation of operations at the
Northgate Loadout", a violation of C.R..S. 34-33-120(j)(II)(B), as amended.
2. Pursuant to C.R.S. 1973, 34-33-123(8)(d), as amended, the Division
fixed the Civil Penalty at 5700.00.
3. WALDEN COAL COMPANY failed to provide appropriate sediment control
facilities prior to the initiation of construction at the Northgate Loadout.
B. Board Decision
1. WALDEN COAL COh1PANk' was in vi ola t.i rnr of C.I1.S. 1973, 34-33-120(j) (I Z) (B) ,
as amended.
C. Board Order
I. The issuance of Notice of Violation 81-15 by the Division is affirmed.
The Civil Penalty of 5700.00 levied by the Division is affirmed.
-~-