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III ~I~~I~~I~~~~~ ~~~ STATE OF COLORADO <br />MINED LAND RECLAMATION DIVISION p4Y~o~ <br />Department of Natural Resources ,~`~=k, <br />1313 Sherman SL, Room 215 ~ ~ ~„ ~ ~ ~ <br />" <br />Denver, CO 80203 ~. <br />~l <br />J <br />303 866-3567 ~ <br />Y <br />'. <br />.~ <br />Fa x: 303 832-8106 r87b <br /> Roy Romer, <br /> Governor <br />DATE: September 07, 1990 Fretl R. Banta. <br /> Division Dvector <br />T0: Dan Mathews <br />FROM: Jim Stevens ~~ <br />RE: Blue Flame Mine (Permit C-81-053) Enforcement History <br />At your request, I am providing additional details regarding the enforcement <br />history of the Blue Flame Mine between August 1988 and April 1989 which led to <br />the issuance of a Show Cause Order to Blue Flame Coal Company. I have also <br />added information regarding violations issued subsequent to that period and <br />some comments in regard to the operator's response to the Show Cause Order, <br />1. NOV C-88-031 was issued August 5, 1588 for failure to construct or <br />main in emporary diversions in accordance with the approved plan. <br />Specifically, portions of approved upland diversion ditches were not <br />constructed. <br />Rule 4,05.3, Map .#1, and Section 2.04,7 of the permit application were <br />cited in support of the violation. <br />Abatement was to take steps to comply •diih the approved permit by <br />November 1, 1988. The violation was terminated November 11, 1988. <br />The proposed penaity for this violation was $300.00, <br />An assessment conference was held September 13, 1988. The violation was <br />upheld but the proposed penaity was reduced to $50,00 for history only. <br />The seriousness of the violation was held to be insignificant; and the <br />operator was found not to be at fault. (Access to the property by the <br />operator was limited by reason of an agreement following a lawsuit filed <br />against the operator by the individual being allowed to mine the <br />property). <br />The penalty was paid October 28, 1988. <br />