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III IIIIIIIIIIIIIIII^ <br />,799 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanment of Natural Resources <br />1313 Sherman 51., Room 215 <br />Denver, CO 80203 <br />Phone: 17031 866-3567 <br />FA%:1303) 832-B 106 <br />January 6, 1994 <br />Mr. Gary Wendt <br />Peabody Western Coal Company <br />1300 South Yale Street <br />Flagstaff, Arizona 86001 <br />OF'~~[O <br />1~ 4 <br />Ne ~ <br />1 <br />~.~r~~• <br />Ray Romer <br />Goverrror <br />Michael B. Long <br />Division Direuor <br />RE: Seneca II-W Mine (Our File Mo. C-82-057) <br />Notices of Violation C-93-134, C-93-135, C-93-136, C-93-141, and C-93-143 <br />Dear Mr. Wendt: <br />The above mentioned notices of violation were issued to Peabody Western Coal <br />Company's Seneca II-W Mine on three separate inspections of the site which were <br />conducted September 24, October 16, and October 20, 1993. Rules 5.03.3(2)(b) and <br />5.03.3(2)(c) of the Rules and Regulations of the Colorado Mined Land Reclamation <br />Board for Coal Mining (the Rules) require an administrative review of the history <br />of any violations cited during three or more inspections during a twelve month <br />period. The purpose of that review is to determine if a pattern of violations <br />exists, and, if a pattern exists, to determine whether the Division will require the <br />operator to show cause why the permit should not be suspended or revoked. Pursuant <br />to Rules 5.03.3(2)(b) and 5.03.3(2)(c), I have reviewed the history of recent <br />notices of violation cited at the Seneca iI-W Mine. <br />I find that: <br />1) the violations cited were not of the same or related requirements of <br />the Colorado Surface Coal Mining Reclamation Act~(the Act), the Rules, <br />or the approved permit; <br />2) there ie not an excessive number of violations during the preceding <br />twelve month period, of different requirements of the Act, the Rules, <br />or the approved permit; and <br />3) the cited violations were isolated departures from lawful conduct. <br />Therefore, the Division will not issue an order to show cause why the Seneca II-W <br />Hine permit should not be suspended or revoked. <br />If yov have questions or need additional information, please contact me or Susan <br />Burgmaier of my staff. <br />Sin <br />Michael B. Long <br />Director <br />c: Xsuean Burgmaier <br />Steven Renner <br />