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<br />12. These NOV's were issued as a result of two inspections within a twelve <br />month period. The inspections occurred on October 26, 1984 and <br />December 13; 1984. <br />13. American Fuels, Inc. was negligent in following through with reclamation <br />in a timely manner and certification of the haul road after completion. <br />Therefore, they exhibited an unwarranted failure to comply with the Act <br />and Regulations. <br />14. All of the above NOV's and CO's resulted from an inability on the part of <br />American Fuels, Inc. to manage the mine site in a manner which would <br />allow them to meet the provisions of their permit. None of the NOV's or <br />CO's resulted from an isolated departure from lawful conduct. <br />15. American Fuels, Inc.'s explanation as to why the violations had occurred <br />was that they lacked adequate capital. <br />16. The administrative review process required by C.R.S. 34-33-123(8)(f) and <br />2CCR 401-2, Rule 5.04.4 has been properly afforded to American Fuels, <br />Inc. in the case of all of the above mentioned Notices of Violation and <br />Cessation Orders. <br />17. American Fuels, Inc. was notified of the Division's Determination of a <br />Pattern of Violation by certified mail on May 31, 1985, and acknowledged <br />receipt of the Order to Show Cause. <br />18. American Fuels, Inc. currently owes the State of Colorado 561,300.00 in <br />civil penalties. This amount is a sum of the following: C-84-062, <br />,5345.00; C-84-063, $700.00; C-84-067, $910.00; C-84-157, 5235.00; <br />C-84-164, $2,200.00; C-84-174, $9,000.00; C-84-175, $950.00; C-84-116, <br />$950.00; C-84-177, $950.00; C-85-023, 522,500.00; C-85-024, 522,500.00 <br />Conclusions of Law <br />1. Three Patterns of Violation have occurred at the New Pryor Strip Mine. <br />All of these patterns are a result of an unwarranted failure to comply <br />with the Act and Regulations on the part of American Fuels, Inc. This <br />warrants that the Mining Permit No. C-031-81 be suspended pursuant to <br />C.R.S. 34-33-123(1), 34-33-124(4), and Rules 5.03.3, and 5.03.5(3)(c). <br />2. American Fuels, Inc. has not shown good cause why permit no. C-031-81 for <br />the New Pryor Strip mine should not be suspended. <br />