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requests for extension of timeframes for maintenance work, report submittals, and NOV <br />abatements seems to be the rule rather than the exception. <br />I have considered all of the above factors in determining whether to issue a show cause order <br />pursuant to Rule 5.03.30 ), or to decline to issue a show cause order pursuant to 5.03.3(2)(c). I <br />have also considered the fact that a permit transfer reflecting the acquisition of Powderhorn Coal <br />Company's parent by Quaker Western Coal Company (from Peabody Holding Company) became <br />final October 23, 1997, and that new owners and controllers have been in place since that time. <br />Based primarily on the recent permit transfer which was finalized subsequent to all but one of the <br />enforcement actions cited in the pattern of violations (CO-98-001), I find that it would be unjust <br />to issue a show cause order, and I therefore decline to issue a show cause at this time, pursuant to <br />Rule 5.03.3(2)(c). I remain concerned, however, with the history of regulatory compliance <br />summarized in this letter, and I have asked Susan McCannon, Coal Program Supervisor, to meet <br />with you, along with appropriate PCC and Division staff, in the near future to ensure that you <br />understand the seriousness and potential consequences of a continued pattern of non-compliance. <br />I strongly urge you to implement measures which will be taken to ensure improved compliance <br />and avoidance of future patterns of violation at Roadside. I would request that you discuss such <br />measures when you meet with my staff. Please contact Susan at (303) 866-3567, or Dan <br />Mathews at (970) 242-5025 within the next week to arrange for a meeting date and location. <br />Please feel free to contact me if you have questions. <br />Sincer <br />Michael B. Long <br />Director <br />cc: Susan McCannon <br />Larry Routten / <br />Dan Mathews / <br />Donn Chickering, Quaker Holding Company, Inc. <br />rside\04l pov98.ltr <br />