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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-24 was issued. <br /> 4 . NOV-24 alleges that S 34-33-120 (2) (q) of the Act and <br /> Rule 4 . 03 . 2 (1) have been violated because of P&M' s " [f]ailure to <br /> ensure that the construction and maintenance of access roads into <br /> and across the site of operations will control or prevent erosion <br /> and siltation, pollution of water, or damage to public or private <br /> property. " NOV-24 applies to the "Goat Trail access road - Large <br /> gullies at road water runoff locations: first switchback west of <br /> tipple adjacent to conveyor transfer point A/B, and the second <br /> switchback east of the shop. " As remedial action, P&M was <br /> directed to 111. Submit a complete technical revision to the <br /> permit application which includes a plan to control erosion <br /> caused by surface water runoff on the Goat Trail access road. <br /> 2 . Implement the plan. " <br /> 5. A proposed civil penalty was assessed by CDMG against <br /> P&M in the amount of $1, 750. 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-24 and said penalty. On May 20, 1993 <br /> a proposed Settlement Agreement was issued by the CDMG Conference <br /> -2- <br />