ENFORCE20389 - Laserfiche WebLink

Home Browse Search

BEFORE THE MINED LAND RECLP MATION BOARD STATE OF COLORADO File No. C-80-001 FINDINGS OF FACT IN THE MATTER OF THE PITTSBURG & MIDWAY COAL MINING COMPANY: NOTICE OF VIOLATION NO. C-93-026 WHEREAS: 1. On April 5, 1993, the Colorado Division of Minerals and Geology issued Notice of Violation No. C-93-026 at the Edna Mine for "failure to design, construct, and maintain sediment control measures [o minimize erosion as necessary to provide protection for topsoil and vegetation, and failure to retain sediment within disturbed areas" as required by Rules 4.05.5(1) and 4.05.5(2)(c) of the Rules and Regulatiotts of the Colorado Mined Land Reclamation Board for Coal Mining. The notice applied to those portions of the permit area known as the Grizzly Pad, the Bucket/Shop/Warehouse pad, and the outlet of Culvert E-12. 2. The matter was heard during the September 21-22, 1993 Mined Land Reclamation Board Meeting. As a result of that review, Board members moved to vacate the notice. The vote on that motion was 2 members in favor, 1 against, with 1 member abstaining. The vote was interpreted as a failure to pass the motion. [t was moved that review of the notice be continued to the October Board meeting. The motion passed. 3. During the October meeting, the Board determined [hat a 2 to 1 majority with 4 Board Members present, was, in fact, a majority. Therefore, the Board determined that the decision to vacate the notice was valid. THEREFORE, by this order, the Mined Land Reclamation Board hereby vacates Notice of Violation No. C-93-0?G. rc DATED this 1~ day of November. I'+~+,. ' l i Chris P. Jout s, Chairman Colorado Mined Land Reclamation Board ~. iuc rvuucu Lauu i~cuawauuu uva~u uuua u~a~ un, .~vu~ .., ...,~ ~~.~~, ...., is permitted as a road, is not subject to Rule 4.05.2(1), and that The Pittsburg & Midway Coal Mining Company did not fail to pass drainage from disturbed areas through a sedimentation pond, a series of sedimentation ponds, or <+ treatment facility before leaving the permit area. THEREFORE, by this order, the Mined Land Reclamation Board hereby vacates Notice of Violation No. C-93-023. _~ DATED this ~yday of November, 1993. C'hri, I' ~ i; ~:_ Chun m;+n Ct+Itna.:~,'.I, ,,~; Land Rr.clannuion Board