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reporting, is also the chief mine engineer and surveyor, and as such there are many conflicting <br />demands on his time. Maintenance items are often not addressed until after they have been <br />repeatedly brought to the operator's attention on multiple inspections. Work seldom seems to get <br />done within specified timeframes, and requests for extension of timeframes for maintenance <br />work, report submittals, and NOV abatements seems to be the rule rather than the exception. <br />In determining whether to issue a show cause order pursuant to Rule 5.03.3(1), or to decline to <br />issue a show cause order pursuant to 5.03.3(2)(c), you should be aware that a permit transfer <br />reflecting the acquisition of Powderhorn Coal Company's parent by Quaker Western Coal <br />Company (from Peabody Holding Company) became final October 23, 1997. It could be argued <br />that the Powderhorn Coal Company which developed a pattern of violations is a "different" <br />Powderhorn Coal Company than the one which is currently the operator and permittee; and in <br />fact all of the owners and controllers are new. <br />I have seen no evidence of a new enlightenment concerning environmental compliance issues <br />since the permit transfer was approved. If you determine that a show cause order would be <br />unjust in this instance, I believe it would still be appropriate for you to in some way officially <br />advise corporate management of our concern with the violation record documented over the <br />previous five yeaz period, and "put them on notice" regazding the potential ramifications should <br />violations continue to occur on a consistent basis. <br />If you have any questions or need additional information to complete your review, please let me <br />know. <br />rside\041pov98.mem <br />