Laserfiche WebLink
iii iiiiiiiiiiiu iii <br />STATE OF COLUI~UU <br />DIVISION OF MINERALS AND GEOLOGY <br />Deportment of Natural Resources <br />Ll I J Sherman SL, Room 21 5 I`y~~ <br />Drm•er, Colorado BO?O3 II <br />Phunc: 13037 866-3567 <br />FA%~. 1705) 83?~R 106 <br />DEPARTMEfvT OF <br />NATURAL <br />DATE: March 3, 1998 RESOURCES <br />Huy Homer <br />TO: Mike Long / Governor <br />'n ~~~ ~~~- lames 5. LochhPad <br />FROM: Dan Mathews 1Jw. E.ecmive Dann for <br />nachael B Lnns; <br />Drvisiun Direaur <br />RE: Pattern of Violations Review, Roadside North and South Portals Mine <br />Permit No. C-81-041 <br />In accordance with Rule 5.03.3(5), this memorandum is to advise you that, on January 21, 1998, ] <br />issued Failure to Abate Cessation Order CO-98-001 to Powderhom Coal Company, for <br />operations at the Roadside North and South Portals Mine. The FTA-CO was issued for failure to <br />abate NOV C-97-016, for which the final abatement deadline as extended was set at January 19, <br />1998. The CO was promptly abated and was terminated on January 23, 1998. <br />Rule 5.03.3(5) requires that: <br />Whenever a permittee fails to abate a violation contained in a notice of violation <br />or cessation order within the abatement periods set in the notice or order or as <br />subsequently extended, the Administrator shall review the permittee's history of <br />violations to determine whether a pattern of violations exists pursuant to <br />[5.03.3(2)], and shall issue an order to show cause as appropriate in 5.03.3(1). <br />Rule 5.03.3(2)(a) states that the Division may determine a pattem of violations exists, based <br />upon two or more inspections of the permit area within any 12-month period, after considering <br />all circumstances including the number of violations cited on more than one occasion of the same <br />or related requirements, or different requirements, and the extent to which the cited violations <br />were isolated departures from lawful conduct. Rule 5.03.3(2)(b) states that the Administrator <br />shall promptly review the history of violations of any peimittee who has been cited for violations <br />...during three or more inspections of the permit area within any 12-month period to determine if <br />a pattern of violation exists or has existed. Rule 5.03.3(2)(c) states that the administrator may <br />decline to issue a show cause order, upon finding [hat, given exceptional circumstances of a <br />particular case, it would be demonstrably unjust to issue or to fail to vacate the order. <br />