ENFORCE32938

• Permit No: C1994082
• IBM Index Class Name: Enforcement
• Doc Date: 10/29/2004
• Doc Name: Pattern of Violations Review ‎(Memo)‎
• From: Mike Boulay
• To: Sandy Brown
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St, Roam 27 i C O L D RA D O
Denver, Colorado ao2o3 INTEROFFICE MEMORANDUM D t v 1 s t o" o r
Phone: [phone] DIVISION OF MINERALS AND GEOLOGY M I N BRA L S
FAX: [phone] G Ii O L O G ~'
0.ECLq MPT10N•M IN INL
SAFETY•SCIENCE
TO: Sandy Brown
Bill Owens
FROM: Mike Boulay ~ ~ Governor
Russell George
Executive Director
DATE: October 29, 2004 Ronald W. Canany
Division Director
SUBJECT: Pattern of Violations Review -Seneca Coal Company - Natural ResonrLe trustee
Yoast Mine - C-1994-082
Pursuant to Rule 5.03.3(2), I have reviewed the Yoast Mines' compliance history for the
previous year. This review was conducted as a result of 6 citations being issued to the
Yoast Mine on three inspections in the twelve-month period from July 2003 to June
2004, and to establish that a pattern of violations exists. The Yoast Mine is permitted and
operated by Seneca Coal Company (SCC).
Rule 5.033 addresses the Suspension or Revocation of Permits. A show cause order to
suspend or revoke a 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.
The Division has determined that a pattern of violation exists according to the criteria in
5.03.3(2)(a). Four notices of violation and two cessation orders were cited on three
different inspections during atwelve- month period as shown in the table below.
Inspection Date Citation Topics
July 21, 2003 CV-2003-006 North Pit Reclamation including-
Topsoil
Excessive erosion
Sediment Control
CV-2003-007 Contemporaneous Reclamation - backfilling
and grading, topsoiling and seeding
CV-2003-008 Slides and other damage
October 22, 2003 CO-2003-011 Failure to abate CV-2003-006
CO-2003-012 Failure to abate CV-2003-007
June 30, 2004 CV-2004-002 Sediment control
Excessive erosion
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey