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<br />III IIIIIIIIIIIIIIII <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of Natural Resources <br />1 313 Sherman 51., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FA%:1303) 832-8106 <br />Date: June 14, 1994 <br />To: Michael B. Long, Division Director <br />I~~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />From: Steven G. Renner, Coal Program Supervisor IamesS Lochhead <br />E>,ennive Direaar <br />RE: Pattern of Violations, Rimrock Coal Company The Rimrcaa3seie Eons; <br />Strip Mine, Permit No. C-89-074 Division Director <br />Division staff have determined that a Pattern of Violations as <br />defined in Rule 5.03.3(2)(a) has existed at the Rimrock Strip Mine <br />in Las Animas County. Six Notices of Violation and one Cessation <br />Order were issued to Rimrock Coal Company between January 28, 1993 <br />and August 12, 1993. These violations were issued as the result of <br />inspections conducted on January 12, 1993; April 9-10, 1993; April <br />15, 1993; May 25, 1993; Jun 18, 1993; and July 19, 1993. <br />The Cessation Order and all of the Notices of Violation have been <br />upheld either in assessment conferences or Board hearings. A total <br />of $3,650.00 in civil penalties has been paid by the permittee, <br />with $1,350.00 for one NOV remaining outstanding. All periods for <br />appeal of the NOVS and CO have passed, with no appeals having been <br />filed by the permittee. <br />The Cessation Order and five of the six NOVs were issued for <br />violations of the performance standards related to protection of <br />the hydrologic balance (Rule 4.05). These violations are: <br />NOV C-93-005 - Issued for the permittee's failure to construct <br />its sediment pond embankment per the regulations (January 12, <br />1993 inspection). <br />NOV C-93-053 - Issued for the permittee's failure to pass <br />disturbed area drainage through a sediment pond prior to its <br />leaving the permit are, and for failure to remove, store, <br />protect and identify topsoil (April 9-10, 1993 inspection). <br />3. CO C-93-054 - Issued for the permittee's failure to achieve <br />sufficient compaction of the sediment pond embankment to <br />ensure stable slopes with a minimum safety factor of 1.3 <br />(April 9-10, 1993 inspection). <br />4. NOV C-93-OB5 - Issued for the permittee's failure to maintain <br />two access road culverts (May 25, 1993 inspection). <br />