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Y III 111111 III IIII III 999 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Nawral Resources 1313 Sherman SI .Room ?15 Denver, Colorado A0:0J ~~ ~ Phone: 17031 866-3567 ~ ~ FAX: (3031 83?-8106 DEPARTMENT' OF NATURAL RESOURCES Roy Rumer Wvernur September 11, 1995 lames 5 LochheaA Exeurlrve DireUOr . _ M¢hael B. Lung , Divi.ion Direcbr Mr. Rich Atkinson Colowyo Coal Company L.P. 5731 State Highway 13 Meeker, CO 81641 RE: Colowyo Coal Mine (C-81-019) Notice of Violations C-94-013, C-94-037, C-95-005 Dear Mr. Atkinson, Rules 5.03.3(2)(b) and 5.03.3(2)(c) of the Rules and Regulations of the Colorado Mined Land Reclamation Board for Coal Mining (the Rules) require an administrative review of the history of any violations cited during three or more inspections during a twelve month period. The above mentioned notices of violation were issued to Colowyo Coal Company's Colowyo Mine on three separate inspections of the site which were conducted May 24, 1994, July 14, 1994 and March 28, 1995. The purpose of this review is to determine if a pattern of violations exists, and, if a pattern exists, to determine whether the Division will require the operator to show cause why the permit should not be suspended or revoked. Pursuant to Rules 5.03.3(2)(b) and 5.03.3(2)(c), I have reviewed the history of recent notices of violation cited at the Colowyo Mine. I find that there is no pattern of violations at the Colowyo Mine because: 1) the violations cited were not of the same or related requirements of the Colorado Surface Coal Mining Reclamation Act (the Act), the Rules, or the approved permit; 2) there is not an excessive number of violations during the preceding twelve month period, of different requirements of the Act, the Rules, or the approved permit; and 3) the cited violations were isolated departures from lawful conduct.