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BEFORE THE MINED LAND RECLAMATION POARD <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-93-023 <br />WHEREAS: <br />1. On April S, 1993, the Colorado Division of Minerals and Geology issued <br />Notice of Violation No. C-93-023 at the Edna Mine for "failure to pass <br />drainage from disturbed areas through a sedimentation pond, a series of <br />sedimentation ponds, or a treatment facility before leaving the permit area" <br />as required by Rule 4.05.2(1) of the Rules and Regulations of the Colorado <br />Mined Land Reclamation Board for Coal Mining. The notice applied to that <br />portion of the permit area known as the Trout Creek pump pad. <br />2. The Pittsburg & Midway Coal Mining Company contends that the Truut <br />Creek pump pad is permitted as a light use road, and therefore is not subject <br />to the requirements of Rule 4.05.2(1). <br />3. The Mined Land Reclamation Board finds that the Trout Creek Pump Pad <br />is permitted as a road, is not subject to Rule 4.05.2(]), and that The Pittsburg <br />& Midway Coal Mining Company did not fail to pass drainage from disturbed <br />areas through a sedimentation pond, a series of sedimentation ponds, or a <br />treatment facility before leaving the permit area. <br />THEREFORE, by this order, the Mined Land Reclamation Board hereby vacates <br />Notice of Violation No. C-93-023. <br />_~ <br />DATED this ~~/day of November, 1993. <br />~ > , <br />Chriti P ~„ufl;is. Chuinnan <br />Cc~lura~~~~;.1.n~J Land Reclamation Board <br />