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<br />'• III IIIIIIIIIIIII III <br />999 <br /> STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmem of Natural Resources <br />1111 Sherman 51 , Room 215 <br />Dcnvcr, Colorado 80207 ' <br />. <br />Phune' 11071 ft66-7567 + <br />~ <br />FA%:17(111 H72~ft 106 - <br /> DEPARTMENT OF <br />NATURAL <br />April 30, 1997 ~S~URCES <br /> <br />Mr. Larry Reschke Roy Rome <br />ernern", <br />Powderhorn Coal Company la mess lucnnead <br />Roadside North and South Port al Mines Exef wive Dirtt to, <br />P.O. Box 1430 Mic haclB Long <br />Palisade, Colorado 81526 °i"'`"nDirPC1"' <br />RE: Roadside North and South Portal Mines (C-81-041) <br />Consideration of Pattern of Violations and Order to Show Cause <br />Why Permit Should Not Se Suspended or Revoked <br />Dear Mr. Reschke: <br />Notices of Violation C-96-010, C-96-020, and C-97-001 were issued <br />to Powderhorn Coal Company's Roadside North and South Portal Mines <br />as a result of three separate inspections of the site which were <br />conducted March 28, 1996, November 25, 1996, and January 13, 1997. <br />Rules 5.03.3(2)(b) and 5.03.3(2)(c) of the Rules and Regulations of <br />the Colorado Mined Land Reclamation Board for Coal Mining (the <br />Rules) require an administrative review of the history of any <br />violations cited during three or more inspections during a twelve <br />month period. The purpose of that review is to determine if a <br />pattern of violations (POV) exists, and, if a pattern exists, to <br />determine whether the Division will require the operator to show <br />cause why the permit should not be suspended or revoked (Show Cause <br />Order). Pursuant to Rules 5.03.3(2)(b) and 5.03.3(2)(c), I have <br />reviewed the history of recent notices of violation cited at the <br />Roadside North and South Portal Mines, and determined that a <br />pattern of violations does exist. <br />In reviewing the enforcement record, I have noted that this is the <br />third year in the past four years for which a POV review was <br />necessary, and that 11 notices of violation have been issued at the <br />mine in the past four years (February, 1993 through January, 1997). <br />The continuing frequency of compliance problems is of concern to <br />me. I trust that you will take appropriate measures to ensure that <br />a pattern of non-compliance does not continue. <br />Based on my review of the enforcement history subsequent to the <br />previous POV review in February, 1995, I find that a pattern of <br />violations does exist at the Roadside North and South Portal Mines <br />because: <br />