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BEFORE THE MINED LAND RECLP MATION BOARD <br />STATE OF COLORADO <br />File No. C-80-001 <br />FINDINGS OF FACT <br />IN THE MATTER OF THE PITTSBURG & MIDWAY COAL MINING <br />COMPANY: <br />NOTICE OF VIOLATION NO. C-93-026 <br />WHEREAS: <br />1. On April 5, 1993, the Colorado Division of Minerals and Geology issued <br />Notice of Violation No. C-93-026 at the Edna Mine for "failure to design, <br />construct, and maintain sediment control measures to minimize erosion as <br />necessary to provide protection for topsoil and vegetation, and failure to <br />retain sediment within disturbed areas" as required by Rules 4.05.5(1) and <br />4.05.5(2)(c) of the Rules and Regulations of the Colorado Mined Land <br />Reclamation Board for Coal Mining. The notice applied to those portions of <br />the permit area known as the Grizzly Pad, the Bucket/Shop/Warehouse pad, <br />and the outlet of Culvert E-l2. <br />2. The matter was heard during the September 21-22, 1993 Mined Land <br />Reclamation Board Meeting. As a result of that review, Board members <br />moved to vacate the notice. The vote on [hat motion was 2 members in favor, <br />1 against, with 1 member abstaining. The vote was interpreted as a failure to <br />pass the motion. It was moved that review of the notice be continued to the <br />October Board meeting. The motion passed. <br />3. D~~ring t!:e October meeting, the Board determined that a 2 [0 1 majority with <br />4 Board Members present, w;rs, in fact, a majority. Therefore, the Board <br />determined that the decision w vacate the notice was valid. <br />THEREFORE, by this order, the Mined Land Reclamation Board hereby vacates <br />Notice of Violation No. C-93-02G. <br />rc <br />DATED this ;1!/ clay of November. I't~);. <br />Chris P. Joutlts, Chairman <br />Colorado Mined Land Reclamation Board <br />