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<br />_ III IIIIIIIIIIIII III <br />~~%`°~Q STATE OF COLORADO <br />Roy Romer, Governor <br />DEPARTMENT OF NATURAL RESOURCES <br />MINED LAND RECLAMATION DIVISION <br />FRED R. BANTA, Director <br />DATE: December 12, 1988 <br />T0: P1ike Long ~/ /~ <br />FROPt: Dan Ptathews ~/~ <br />RE: LaPlata Coal Corp. Pattern of Violations <br />Pattern of Violations <br />La Plata Coal Corporation has been cited for violations during three separate <br />inspections of the La Plata No. 1 (dine between January 27, 1988 and October <br />25, 1988. It is your responsibility pursuant to Rule 5.03.3 (b ), to review the <br />history of the violations and further, pursuant to Rule 5.03.3 (c ), to <br />determine if it would be demonstrably unjust to issue a Shovr Cause Order. <br />January 27, 1988 Inspection <br />Three Notices of Violation were issued during this inspection. NOV C-88-004 <br />was issued for failure to install ground water monitoring wells in accordance <br />with the permit, NOV C-88-005 was issued for improper disposal of underground <br />development waste, and NOV C-88-005 eras issued for failure to stockpile and <br />process coal in ca~npliance with the approved permit. <br />The violations have all been abated and terminated, however the fines have not <br />been paid. Order to Pay Fixed Penalty Notices for each of the violations were <br />served to La Plata Coal Corp. on April 5, 1988, via certified mail. The <br />notices were returned unclaimed on April 28, 1988. Total amount of fixed <br />penalty for the three violations is 54,250.00. <br />Inspection of July 26 and 27, 1988 <br />Two notices of violation were issued during this inspection. kOV C-88-035 was <br />issued for failure to properly maintain collection ditches and otherwise <br />provide appropriate sediment control for all disturbed areas and NOV C-88-036 <br />was issued for failure to perform the required surface water monitoring. <br />NOV C-88-03G has been abated and terminated. One aspect of NOV C-88-035 <br />concerning use of a pre-existing irrigation ditch as a sediment collection <br />ditch was not abated within the specified abatement period and as a result, <br />NOV C-88-35 has not been terminated. Order to Pay Fixed Penalty Notices for <br />each of the violations were sent to La Plata Coal Corp. via certified mail on <br />December 8, 1988. Total fixed penalty amount for the two violations is <br />$2,550.00. <br />215 Centennial Building, ~ 313 Sherman Street Denver, Colorado 80203-2273 Tel. (303) 866-3567 <br />