Laserfiche WebLink
mining and reclamation operation to which the notice applies. <br /> C.R. S. § 34-33-123 (4) . Thus, a notice of violation must inform <br /> an operator of the specific nature of the legal standard for <br /> which he is being cited, the specific condition at the mine site <br /> which has been found to constitute a violation, and the specific <br /> manner by which the condition may be abated. Turner Brothers <br /> Inc. v. Office of Surface Mining Reclamation and Enforcement, <br /> 102 IBLA 111 (1988) . <br /> NOV-23 provides no explanation as to why the pump site which <br /> is on undisturbed ground is deemed by the CDMG Inspector to <br /> require sediment control measures when such control measures are <br /> only required for surface drainage from disturbed areas. <br /> Further, NOV-23 provides no evidence that the pump by virtue of <br /> its location is causing additional contributions of suspended <br /> solids to stream flow or runoff outside the permit area. <br /> To establish the validity of a notice of violation, a <br /> regulatory authority must have sufficient evidence to establish <br /> the essential facts of the violation. Turner Brothers Inc. v. <br /> Office of Surface Mining Reclamation and Enforcement, <br /> 103 IBLA 124 , 129 (1988) . NOV-23 contains no credible data or <br /> fact-based statement which would evidence that P&M is in <br /> violation of the Act or Rules cited in NOV-23 . <br /> P&M reserves the right to expand the facts, claims and <br /> defenses of this Application as may be necessary during the <br /> course of this proceeding. <br /> -4- <br />