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_ 4 <br />The first NOV went through the appeal process and was upheld. The <br />operator has signed the applicable settlement agreement. The <br />operator waived its rights to the appeal process for the last two <br />violations. All fines have been paid and the status of the notices <br />is now final. <br />The problems cited in the three notices are unrelated. NOV C-93- <br />009 was administrative in nature for failure to provide certified <br />inspection reports of coal refuse disposal areas during critical <br />construction periods. NOV C-93-119 occurred as a result of a 20- <br />year storm event that blocked a culvert on the Cameo Refuse Pile <br />allowing coal refuse to wash into an undisturbed area. NOV C-93- <br />121 was issued at the 2 West Portal area for coal material that was <br />placed in an ephemeral drainage during construction by a sub- <br />contractor. Powderhorn Coal Company has not demonstrated a pattern <br />of violations in terms of consistent disregard of any one <br />requirement. <br />Because the three violations cited were isolated departures from <br />lawful conduct, I recommend that the Division determine that there <br />is not a pattern of violations at the Roadside & Cameo Mines, and <br />that Powderhorn Coal Company not be issued an order to show cause <br />why the permit should not be suspended or revoked. <br />If you have any questions or need additional information to <br />complete your review, please let me know. <br />cc: Steve Renner <br />Larry Routten <br />Larry Reschke, Powderhorn Coal Company <br />m:\coal\esc\roadside\940223 <br />