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APPLICATION FOR FORMAL REVIEA <br />In support of this Application, P&M states and alleges as <br />follows: <br />1. P&M owns, operates, and is the permittee of the Edna <br />Mine in Routt County, Colorado. <br />2. The Edna Mine is operated on lands regulated under the <br />aegis of Permit No. C-80-001 issued by the State of Colorado. <br />3. Between March 30, 1993 and April 2, 1993, a CDMG <br />Inspector, Susan Morrison, conducted an inspection of the Edna <br />Mine. Subsequent to that inspection NOV-26 was issued. <br />4. At the time it was issued, NOV-26 alleged that § 34-33- <br />120(2)(j)(ii) of the Act and Rules 4.05.5(1)(c) and 4.05.5(2)(c) <br />had been violated because of P&M's "[f]ailure to design, <br />construct, and maintain sediment control measures to minimize <br />erosion as necessary to provide protection for topsoil and <br />vegetation, and failure to retain sediment within disturbed <br />areas." As issued, NOV-26 applied to the "[n]orthwest area of <br />grizzly pad, where coal was pushed over berm onto East Ridge <br />reclamation, outside current disturbance boundary. The conveyor <br />system at transfer points A, A/B, and C, and the entire length of <br />the conveyor belt; coal beyond disturbance boundary. The east <br />side of the shop/warehouse/buckethouse pad; snow removal <br />equipment pushed coal over berm." As remedial action, P&M was <br />directed to clean up the coal and other materials that had <br />allegedly been deposited in areas not authorized for disturbance. <br />P&M was also directed to submit a technical revision which <br />contained a description and design for sediment control <br />structures for the areas cited in NOV-26. On April 20, 1993, <br />-2- <br />