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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-23 was issued. <br /> 4 . NOV-23 alleges that § 34-33-120 (2) (j) (II) (A) of the Act <br /> and Rule 4 . 05. 2 (1) have been violated because of P&M's " [f]ailure <br /> to pass drainage from disturbed areas through a sedimentation <br /> pond, a series of sedimentation ponds, or a treatment facility <br /> before leaving the permit area. " NOV-23 applies to the "Trout <br /> Creek water pump located northwest of the Moffat pond. " As <br /> remedial action, P&M was directed to "1. Submit a complete <br /> technical revision to the approved permit application which <br /> includes a description and design for sediment control measures <br /> at the Trout Creek water pump. 2 . Implement the plan. " <br /> 5. A proposed civil penalty was assessed by CDMG against <br /> P&M in the amount of $1, 250. 00 on April 22 , 1993 . An assessment <br /> conference was held on May 11, 1993 between representatives of <br /> CDMG and P&M to discuss NOV-23 and said penalty. On May 20, 1993 <br /> a proposed Settlement Agreement was issued by the CDMG Conference <br /> Officer, wherein the amount of the civil penalty was reduced to <br /> $500. 00. P&M declined to agree to the Settlement Agreement. On <br /> June 3, 1993, CDMG issued a notice to P&M affirming NOV-23 and <br /> -2- <br />