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-10- 24. In re: Mid-Continent Resources. Inc., update from the Board's attorney on all issues related to this case. Assi.atant Attorney General, Cheryl Linden, said that during Executive Session, the Aoard discussed different aspects of the bankruptcy case and the personal liability case, with regard to Mid-Continent Resources, Incorporated. 25. FORMAL PUBLIC HEARING PIT'I'SBURG & MIDWAY COAL MINING COMPANY File No. C-80-001 Edna. Strip Mine Consideration of a request to vacate NOV C-93-023 issued for failure to pass runoff from the disturbed area through the treatment facility prior to discharge from the permit area (con.tinued from September 1993 Board Meeting). Staff, Cheryl Linden, with the AGO, and the operator's representatives discussed the proceedings from the September 1993 Board Meeting. The Board Members who reviewed the tapes of this issue from the September 1993 Board Meeting discussed this matter with the parties in detail. The Board found that the operator did not fail to pass disturbed area drainage through the treatment facility prior to discharge from the permit area and, therefore, the violation should be vacated. 26. FORMAL PUBLIC HEARING PITTSBURG & MIDWAY COAL MINING COMPANY File No. C-80-001 Edna Strip Mine Consideration of a request to vacate NOV C-93-026 issued for failure to design, control and maintain sediment control structures to provide protection for topsoil and vegetation and failure to retain sediment within the disturbed area (continued from September 1993 Meeting). The Board discussed the matter of the vote taken during the September 1993 Board Meeting which, if passed, would have vacated this matter. The sense of the Board was that the Minutes of the September 1993 Board Meeting adequately reflect what happened during that Meeting, but on reflection, the Board determined that a 2 to 1 majority (vote), with 4 Board Members present, in fact, consL-itutes a majority for those purposes and, therefore, the decision was a valid one and should stand (vacating the NOV).