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<br /> iiiiiiiuiiiiiiiiii <br /> <br />The Pittsburg & Midway Coal Mining Co. <br />A Chevron Company <br />6400 Saulh Fiddler's Green arde, Englexrood, CO BOi1 • Phone (303)9344116 <br />ueu~ar~e:Paem~s~Arngiewvod,coemssabr9 CCT~ t 4 1993 <br />John W. Paul <br />Counsel <br />October 11, 1993 <br />GMs. Maxine Stewart, Chairperson <br />Colorado Mined Land Reclamation Board <br />Department of Natural Resources <br />1313 Sherman Street, #`423 <br />Denver, Colorado 80262 <br />Cheryl Linden, Esq. <br />Assistant Attorney General <br />1515 Sherman Street, 5th Floor <br />Denver, Colorado 80203 <br />Re: P&Mes Edna Mine <br />Notices of Violation C-93-023, C-93-024, C-93-026 <br />Dear Ms. Stewart and Ms. Linden: <br />The Pittsburg & Midway Coal Mining Co. ("P&M") suggests ad hoc <br />procedures for further handling of the captioned notices of <br />violation ("NOVs"). All of these NOVs have been continued from the <br />Board's September meeting. <br />NOVS C-93-023 and C-93-026. These NOVs were heard by the <br />Board without rulings. Tapes of the proceedings were made <br />available to the three absent Board members, who are to be given <br />the opportunity to vote on the issues if they feel comfortable with <br />their understanding of the evidence. <br />We understood that if a majority vote still cannot be obtained <br />at the October meeting, the Board would hear further evidence and, <br />if necessary, rehear the case in its entirety. <br />Until the October Board meeting itself, the parties will not <br />know whether the presence of witnesses will be required, or what <br />the scope of any rehearing will be. Accordingly, P&M requests that <br />the Board call for a new vote on these two NOVs at the October <br />hearing and, if a ruling cannot be made on the basis of the <br />existing record, a factual hearing and/or arguments be set for the <br />November Board meeting. <br />