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iii iiniiiiiiiu iii <br />DEPARTMENT OF NATURAL RESOURCES <br />David H. Gstchs4 EzeeutNe Dlreclor <br />MINED LAND RECLAMATION DIVISION <br />DAYID'~. SNELTON, Dlnelor <br />Richard D. Lamm <br />Gwemar <br />DATE: October 31, 1984 <br />T0: Brian Munson <br />Fred Banta <br />FROM: Susan Mowry <br />RE: American Fuels, Inc. Pattern of Violations <br />File No. C-031-81 <br />I have determined that American Fuels, Inc. has been issued a sufficient <br />number of NOV's for the New Pryor Strip to constitute a pattern of <br />violations. It is also evident that these violations were caused by an <br />unwarranted failure of American Fuels, Inc. to comply with the Act and Rules. <br />A Show Cause Order should be issued to American Fuels, Inc. <br />Six violations were written during the period of April through October, 1984. <br />One was issued for failure to reclaim in a contemporaneous manner. Four <br />violations were written for failure to construct or maintain the sediment <br />control system and were written as the result of four separate inspections. <br />One violation was written for failure to maintain and operate water monitoring <br />stations. Three of the above six violations are still within the <br />administrative review process. The remaining three violations have been <br />abated, however, fixed civil penalties associated with these NOV's have not <br />been paid. The State Collection Agency has been contacted concerning these <br />delinquent penalties. <br />Rule 1.04(146) defines "unwarranted failure to comply" as "failure of a <br />permittee to (1) prevent the occurrence of any violation...due to <br />indifference, lack of diligence, or lack of reasonable care..." American <br />Fuels, Inc. exhibited lack of diligence and reasonable care in preventing at <br />least four of the above violations. <br />/fw <br />Doc. No. 5111 <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />