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STATE OF COLOMDO <br /> DIVISION OF MINERALS AND GEOLOGY <br /> Department of Natural Resources <br /> 1313 Sherman St., Room 215 <br /> Denver,CO 80203 <br /> Phone:(303)866-3567 raic <br /> FAX:(303)832.8106 <br /> Roy Romer <br /> Governor <br /> Michael B.Long <br /> January 6, 1994 Division Director <br /> Mr. Gary Wendt <br /> Peabody Western Coal Company <br /> 1300 South Yale Street <br /> Flagstaff, Arizona 86001 <br /> RE: Seneca II-W Nine (our File No. C-82-057) <br /> Notices of Violation C-93-134, C-93-135, C-93-136, C-93-141, and C-93-143 <br /> Dear Mr. Wendt: <br /> The above mentioned notices of violation were issued to Peabody Western Coal <br /> Company's Seneca II-W Mine on three separate inspections of the site which were <br /> conducted September 24, October 16, and October 20, 1993. Rules 5.03.3(2) (b) and <br /> 5.03.3(2) (c) of the Rules and Regulations of the Colorado Mined Land Reclamation <br /> Board for Coal Mining (the Rules) require an administrative review of the history <br /> of any violations cited during three or more inspections during a twelve month <br /> period. The purpose of that review is to determine if a pattern of violations <br /> exists, and, if a pattern exists, to determine whether the Division will require the <br /> operator to show cause why the permit should not be suspended or revoked. Pursuant <br /> to Rules 5.03.3(2) (b) and 5.03.3(2) (c) , I have reviewed the history of recent <br /> notices of violation cited at the Seneca II-W Mine. <br /> I find that: <br /> 1) the violations cited were not of the same or related requirements of <br /> the Colorado Surface Coal Mining Reclamation Act- (the Act) , the Rules, <br /> or the approved permit; <br /> 2) there is not an excessive number of violations during the preceding <br /> twelve month period, of different requirements of the Act, the Rules, <br /> or the approved permit; and <br /> 3) the cited violations were isolated departures from lawful conduct. <br /> Therefore, the Division will not issue an order to show cause why the Seneca II-W <br /> Mine permit should not be suspended or revoked. <br /> If you have questions or need additional information, please contact me or Susan <br /> Burgmaier of my staff. <br /> Sin <br /> MicaaelB. ng <br /> Director <br /> c: Susan Burgmaier <br /> Steven Renner <br />