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March 28. 1995 Infection <br />NOV C-95-005 Failure to place topsoil on a stable surface area within the <br />permit. Failure to have stable perimeter slopes on the West Pit <br />Pond. <br />The operator, Colowyo Coal Company L.P., requested an assessment conference for NOV <br />C-94-013. The violation was terminated May 25, 1994. Colowyo waived its right to an <br />assessment conference for NOV C-94-037. Colowyo requested that NOV C-95-005 be <br />vacated, which was denied by the Director. The violation was terminated June 26, 1995. <br />Fines for al] three violations have been paid and the status of the notices is now final. <br />The problems cited in the three notices are unrelated. NOV C-94-013 occurred as a result <br />of the operator stripping topsoil in the West Pit prior to constructing sediment control <br />ditches to divert runoff from the newly disturbed area into the sediment pond. NOV C-94- <br />031 was issued because the operator failed to provide sufficient information regarding the <br />characteristics of the West Pit mining area sediment control practices to demonstrate <br />adequate capacity to contain or treat runoff forma 10-year, 24-hour precipitation event. <br />NOV C-95-005 was issued fot a slide that occurred on a topsoil pile that impacted the West <br />Pit sediment pond. Colowyo Coal Company L.P. has not demonstrated a pattern of <br />violations in terms of consistent disregard of any one requirement. <br />Because the three violations cited were isolated departures from lawful conduct, I <br />recommend that the Division determine that there is not a pattern of violations at the <br />Colowyo Mine, and that Colowyo Coal Company L.P. not be issued an order to show cause <br />why the permit should not be suspended or revoked. <br />If you have any questions or need additional information to complete your review, please <br />let me know. <br />cc: Susan McCannon <br />Larry Routten <br />Rich Atkinson; Colowyo Coal Company L.P. <br />c:\colowyo\950413 <br />