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~ -~- iii iuiiiiiiiiiiiii <br />,, <br /> <br /> <br />STATE OF COLORADO <br />DEPARTMENT OF NATURAL RESOURCES <br />MINED LAND RECLAMATION BOARD <br />THE PITTSBURG & MIDWAY COAL <br />MINING CO., <br />Applicant, <br />v. <br />STATE OF COLORADO, <br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF MINERALS AND GEOLOGY, <br />Respondent. <br />NOTICE OF VIOLATION <br />NO. C-93-023 <br />EDNA MINE <br />PERMIT NO. C-80-001 <br />RESPONSE T6 APPLICATION FOR FORMAL REVIEW AND <br />REQUEST FOR EVIDENTIARY HEARING <br />The Pittsburgh and Midway Coal Mining Company (P&M) has <br />submitted an application for formal review and request for evi- <br />dentiary hearing on Notice of Violation (NOV) C-93-23. The Divi- <br />Sion responds as follows: <br />1. Susan Burgmaier of the Division inspected the mine site <br />March 30 through April 2, 1993. During that inspection, Ms. <br />Burgmaier found that the Trout Creek water pump disturbance area <br />had no sedimentation control practices in place and that drainage <br />from the pad was flowing directly to Trout Creek. <br />2. Based on the above finding, Ms. Burgmaier issued NOV <br />C-93-23 for failure to pass drainage from disturbed areas through <br />a sedimentation pond, a series of sedimentation ponds, or a <br />treatment facility before leaving the permit area. See § <br />