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�� <br /> BEFORE THE HEARING DIVISION <br /> OFFICE OF HEARINGS AND APPEALS , <br /> U. S. DEPARTMENT OF THE INTERIOR D 41985 <br /> IN THE MATTER OF <br /> MID-CONTINENT RESOURCES, INC. S <br /> APPLICATION FOR REVIEW OF <br /> NoV. 85-2-244-1, COAL BASIN ) APPLICATION FOR REVIEW <br /> MINES, PITKIN COUNTY, COLORADO ) <br /> Mid-Continent Resources, Inc . applies for review <br /> of Notice of Violation No. 85-2-244-1 (Exhibit 1 attached) <br /> issued by U. S. Department of Interior, Office of Surface <br /> Mining, Reclamation and Enforcement, dated November 7 , 1985 <br /> concerning Applicant' s Coal Basin Mines , Colorado State <br /> Permit No. C-017-81 and in support of this Application <br /> shows : <br /> 1. The NoV was issued under 30 CFR 843. 12 (a) <br /> (2) whereby a federal inspector gave written report of <br /> alleged violation to the State; the State responded in- <br /> dicating that in their judgment no violation occurred or <br /> existed (see Exhibits 4 & 8 attached hereto) . A reinspection <br /> was made by the Federal Inspector, and then on November 7 <br /> the NoV issued. As will be seen from the NoV and from <br /> affidavit of Douglas Bowman attached, (Exhibit 10) Environ- <br /> mental Coordinator for Mid-Continent Resources , Inc. (MCR) , <br /> that no corrective action was required and the NoV speaks <br /> only to practices to be followed in the future as to the <br /> same or other areas. Accordingly, it cannot be said that <br /> "the violation continues to exist" , which is a condition <br /> precedent to the issuance of a NoV under 843 . 12 (a) (2) . <br /> 2. The State of Colorado, made a determination <br /> that the disturbed area did not contain topsoil, or classi- <br /> fiable subsoils, (Exhibits 1, 2, 3, 4, 8, 10) . Rather it <br /> consists of a homogeneous combination of talus, detritus and <br /> coal from the steep mountainside above, combined with <br /> avalanche debris, and with trommel screen rock/coal and <br /> other coal mine refuse deposited over many years prior to <br /> SMCRA. The structures designated as "BAT ponds" on the NoV <br /> consist of and were permitted as a series of erosion and <br /> sediment control devices made by pushing this unconsolidated <br /> unlayered material into embankments designed to slow the <br /> velocity of the water coming down the steep slope; to afford <br /> partial sedimentation control, and to prevent additional <br /> sedimentation caused by erosive activities of the high <br /> velocity runoff water, as well as snowmelt from large snow <br />