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;: <br /> <br /> ~~~ II~ <br /> I~~~~~~~~~I~~ <br />STATE OF COLORADO <br />DEPARTMENT OF NATURAL RESOURCES <br />MINED LAND RECLAMATION BOARD <br />THE PITTSBURG & MIDWAY COAL <br />MINING CO., <br />Applicant, <br />v. <br />STATE OF COLORADO, <br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF MINERALS AND GEOLOGY, <br />Respondent. <br />NOTICE OF VIOLATION <br />NO. C-93-024 <br />EDNA MINE <br />PERMIT NO. C-80-001 <br />RESPONSE TO 71PPLICATION FOR A FORMAL REVIEW AND <br />REQUEST FOR EVIDENTIARY HEARING <br />The Pittsburgh and Midway Coal Mining Company (P&M) has <br />submitted an application for formal review and request for evi- <br />dentiary hearing on Notice of Violation (NOV) C-93-24. The Divi- <br />sion responds as follows: <br />1. Susan Burgmaier inspected the mine site March 30 <br />through April 2, 1993. During that inspection, Ms. Burgmaier <br />found that two culvert outlets on the Goat Trail access road were <br />severely eroded. At the first switchback from the tipple, a gul- <br />ly approximately l0 feet deep and three feet wide had formed at <br />the culvert outlet. In addition, near Conveyor Transfer A/B, <br />flow from the culvert had created a gully three feet deep and one <br />foot wide. The inlet to this culvert was plugged with mud. Ms. <br />Burgmaier also found that road ditches showed signs of erosion <br />