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Date Sampler. Affiliation <br />17 -Jan-89 MCR (DMR sample) <br />26 -Jan-89 Waldren, MLRD <br />02- Feb -89 Vann, WQCD <br />07- Feb -89 Stevens, MLRD <br />23- Feb -89 Vann, WQCD <br />Administrative Decision, 3 11 11. All of the samples taken on behalf of the State of <br />Colorado, whether by MLRD or WQCD, were analyzed by CDH in its laboratories in <br />Denver. Two of the samples were improperly handled. The hearing officer reduced <br />the consequence of one (26- Jan-89) and completely excluded the other (07- Feb -89) from <br />consideration, id. at 5, 1111 18b and 19. <br />MLRD ENFORCEMENT <br />The activities of Mid - Continent as an underground coal mine operator were <br />permitted under the Colorado Mined Land Reclamation Act, 14 COLO. REV. STAT. §§ <br />34 -32 -101 through -125 (1984 Repl. Vol.), as amended, and enforced under the <br />Colorado Surface Coal Mining Reclamation Act of 1979 (CSCMRA), id. §§ 34 - 33 - 101 <br />through -137, as amended. These activities are the subject matter of MLRD Permit <br />No. C -81 -017 issued by the Mined Land Reclamation Division of the Colorado <br />Department of Natural Resources. <br />On January 26, 1989, MLRD inspected the Outfall No. 016 ponds on Mid - <br />Continent's Coal Basin property. On February 3, 1989, before the issuance of MLRD <br />NoV No. C -89 -003, MLRD directed Mid - Continent to clean the ponds. MLRD's <br />principal witness testified, "[P]art of the abatement we required included cleaning the <br />ponds." 1 Tr. Stevens, 55. This is formally memorialized in MLRD's written <br />abatement steps (MCR Ex. No. 13 -E, Record 00634, Brief Appendix, Appendix -6 -E). <br />Mid - Continent Answer Brief <br />- 12 - Appeal No. 93 CA 297 <br />