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APPLICATION FOR FORMAL REVIEW <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 /> I <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 />