ENFORCE32922

• Permit No: C1982057
• IBM Index Class Name: Enforcement
• Doc Date: 5/2/2002
• Doc Name: ‎(Memo)‎ Pattern of Violations Review
• From: David Berry
• To: Michael Long
• Violation No.: CV2001012
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resour ces
1313 Sherman SL, Room 215

Denver, Colorado 80203 DIVISION O F
Phone: [phone]Vt I N E R A L$
FAX: [phone] &
GEOLOGY
RECLAMATION
MINING•SAFET7
Internal Memorandum
Bill Owens

TO:
David Berry Governor

FROM: p~
MikeBoulay ~D cres B. warner
Exe~~nveoireclor
DATE: December 17, 2001 Mi~nael B. Cons
RE: Seneca Coal Company, Seneca II-W Mine, Permit No. C-82-057 Division Director
Pattern of Violations
Rule 5.03.3 addresses the Suspension or Revocation of Permits. A Show Cause Order to
suspend or revoke the permit can be issued when the Division finds that a pattern of
violation exists and that such violations were caused by the unwarranted failure of the
permittee to comply or that the violations were willfully caused by the permittee. As
discussed below, a pattern of violations exists at the Seneca II-W mine, but I do not
believe the violations were willfully caused by the permittee, Seneca Coal Company
(SCC).
The Division must determine that a pattern of violations exists or has existed, based upon
two or more inspections within a twelve month period given the following'circumstances:
1. the number of violations, cited on more than one occasion, of the same or
related requirements of the Act, the Rules or the permit;
2. the number of violations, cited on more than one occasion, of different
requirements of the Act, the Rules, or the permit; and
3. the extent to which the cited violations were isolated departures from lawful
conduct.
The Administrator is required to promptly review the history of violations of any
permittee who has been cited for violations of the Act, these rules, or the permit during
three or more inspections of the permit area within any 12-month period to determine if a
pattern exists.
At the Seneca II-W Mine, Permit No. C-82-057, Seneca Coal Company (SCC) has
received three violations during the past 12-month period. They are discussed below.
NOV CV-2000-005 was issued on May 24, 2000 for "failure to salvage topsoil". The rule
cited in the violation was 4.05.6(1)(a). Spoil from the active pit area was deposited onto