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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 275 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />TO: Ronald W. Cattany, Division Director <br />David Berry, Coal Program Supervisor <br />FROM: Sandra Brown <br />DATE: November 4, 2004 <br />RE: Yoast Mine, Seneca Coal Company, Permit No. C-1994-082 <br />Pattern-of-Violations and Recommendation for Show Cause Order <br />COLORADO <br />DIVISION OF <br />MIN &RALS <br />GEOLOGY <br />REC LAM4TION•MINING <br />SAFEiY•SCIENCE <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W, Cattany <br />Division Director <br />Natural Resource Trustee <br />Mike Boulay and I have reviewed the enforcement record at the Yoast Mine operated by <br />Seneca Coal Company (SCC) in Routt County. According to the criteria in 5.033(2)(a) <br />we have determined that a pattern of violation exists. Six enforcement actions were taken <br />at the Yoast Mine, Permit No. C-1996-082, during the period from July 21, 2003 through <br />June 30, 2004. A list is provided below and details of each violation are discussed in <br />Mike Boulay's October 29, 2004 memo. <br />Inspection Date Citation Topics <br />July 21, 2003 CV-2003-006 North Pit Reclamation including- <br />Failure to protect topsoil from erosion <br />Failure to maintain sediment control system <br />Failure to retain sediment within disturbed area <br />Excessive erosion <br />CV-2003-007 Contemporaneous Reclamation <br />Failure to backfill and grade within 180 days <br />Failure to topsoil and seed according to <br />approved plan <br />CV-2003-008 Slides and other damage <br />October 22, 2003 CO-2003-011 Failure to fully abate CV-2003-006 <br />Failure to clean Pond 011 <br />Failure to install post mine drainage channels <br />CO-2003-012 Failure to fully abate CV-2003-007 <br />Failure to complete backfilling and grading, <br />topsoiling and seeding <br />June 30, 2004 CV-2004-002 <br />Failure to maintain sediment control <br />Excessive erosion <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />