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?"' III. Notice of Violation 81-1G <br />A. Findings of Fact <br />1. Pursuant to C.R.S. 34-33-123, as amended, the Division issued Notice <br />of Violation 81-16 to WALDF,N COAL COMPANY fflr "failure to protect stock- <br />piled topsoil from wind and water erosion", a violation of C.R.S. 1973, <br />34-33-I20(2)(e). <br />2. Pursuant to C.R.S. 1973, 34-33-I23(8)(d), as amended, the Division <br />fixed a Civil Penalty of $700.00. <br />3. Based upon evidence presented at the hearing, the Board finds that <br />WALDEN COAL C0h1PANY did mulch and seed the topsoil stockpile at the <br />earliest possible moment after salvaging topsoil. <br />B. Board Decision <br />1. WALDEN COAL COMPANY was not in violation for failure to protect <br />stockpiled topsoil from e.~ind and water erosion by virtue of the fact that <br />the company seeded and mulched the stockpile at the earliest possible <br />moment. <br />C. aoard Order <br />I. Notice of Violation 8I-16 is vacated and the Civil Penalty of $700.00 <br />is dismissed. <br />Dated and Effective this / t/ day of ~/r:Jd.~~~;,/,..A/ 1981. <br />MINED LAND RECLAMATION BOARD <br />I/ ~/J ~1~ <br />~ supl Sullivan, Chairman <br />- 3- <br />