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<br />Rule 5.03.3(I)(a) states, in pertinent part: <br />When the Division determines that a pattern of violations of any requirements of <br />the Act, these Rules, or any permit conditions required by the Act exists or has <br />existed and that such violations are or were caused by the unwarranted failure of <br />the permittee to comply with any requirements of the Act, these Rules, or any <br />permit conditions or that such violations aze or were willfully caused by the <br />permittee, the Division shall forthwith issue an order to the permittee to show <br />cause why the permit should not be suspended or revoked. <br />Recent enforcement actions which could be considered in the pattern of violations review are <br />summarized below: <br />November 25, 1996 Inspection <br />NOV C-96-020 Failure to ensure that drainage is not directed over the outslope of the fill, <br />and failure to minimize erosion as necessary to provide protection for <br />topsoil, vegetation, and the hydrologic balance. Refuse Area CRDA #2. <br />January 13, 1997 Inspection <br />NOV C-97-001 Failure to ensure that water discharged from an underground mine <br />complies with all federal and state laws and regulations. Minewater TSS <br />level of 520 mg/1 significantly exceeded 40 CFR 434.42 effluent limit of <br />70 mg/l, 1 day maximum. Dischazge Point 004. <br />October 3. 1997 Inspection <br />NOV C-97-O1b Failure to ensure proper surface drainage control on coal waste disposal <br />areas CRDA #1 and CRDA #2 in accordance with performance standards <br />pertaining to diversion of upland flow, drainage over the outslope of the <br />fill, and passage of all disturbed flow through a sediment pond or <br />treatment facility. The NOV was modified on 10/21/97, to include certain <br />additional diversion ditch locations which did not comply with approved <br />designs. <br />January 21. 1998 Inspection <br />CO-98-OOl Failure to abate NOV C-97-016. Specifically, failure to comply with <br />Abatement Items #5 and #6, which required restoration of certain refuse <br />area diversion ditch segments to approved design, and submittal of P.E. <br />certification for the specified ditch segments. <br />