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.. <br />III IIIIIIIIIIIIIIII~ <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depar(mem of N, rural Resources <br />1111 Shcrm, n 51., Room 215 <br />Denver, Colorado 80?01 <br />Phone: 0031866-7567 <br />FAX: 11031 832~d106 <br />DATE: April 30, 1997 <br />TO: Michael Long <br />FROM: Dan Mathews <br />RE: Roadside North and South Portal Mines (C-81-041) <br />Pattern of Violations <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES: <br />Roy Romer <br />Governor <br />lames 5. Lochhead <br />E,eC U1rvC DueClor <br />hachael El long <br />D rvis~on Dheanr <br />Rules 5.03.3(2)(b) and (c) of the Rules and Regulations require <br />that the Division Director promptly review the history of <br />violations of any permittee who has been cited for violations <br />during three or more inspections of the permit area within any <br />twelve month period. The review is to determine whether a pattern <br />of violations exists or has existed, and, if a pattern exists, <br />whether we will require the operator to show cause why the permit <br />should not be revoked or suspended. <br />As outlined below, it is my opinion that a pattern of violations <br />does exist at the Roadside Mine, for the 12 month period beginning <br />March 28, 1996. Because measures are being taken to address the <br />recurring problem for which multiple violations have been issued, <br />I do not believe a show cause order is warranted. <br />Previous administrative reviews to determine whether a pattern of <br />violations existed were conducted in February, 1994, and February, <br />1995. A pattern of violations was found not to exist for the 12 <br />month periods reviewed in those instances. <br />Since the previous review was conducted, a number of violations <br />have been issued at the mine as a result of several different <br />inspections, as listed below. <br />June 30, 1995 Insvection <br />NOV C-95-021 Failure to ensure that water discharged from <br />an underground mine complies with all federal <br />and state laws and regulations. Minewater <br />discharge TSS level of 548 mg/1 significantly <br />exceeded 40 CFR 43.42 effluent limit of 70 <br />mg/l one day maximum. Discharge Point 004. <br />