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•• ~ <br />each other in that in one case (NOV C-95-027), the problem was a <br />ditch not constructed to design standards, while in the other case <br />(NOV C-96-20), the problem resulted from improper maintenance. <br />It is my opinion that NOV's C-95-027 and C-96-020 were isolated <br />departures from lawful conduct, and do not warrant inclusion in a <br />pattern of violations. However, I believe that the two minewater <br />discharge violations issued for exceedant TSS discharge from <br />Discharge Point 004 between March, 1996, and January, 1997, do <br />indicate a developing pattern of non-compliance, particularly when <br />the prior exceedance at the same discharge point in June, 1995, is <br />taken into account. <br />The underground minewater treatment system at the North Portals <br />consists of a number of pumps for routing water, and sumps for <br />settling out suspended solids. There seems to be a high potential <br />for failure of the system due to mechanical failure or human error, <br />which has resulted in exceedant discharges in the instances cited. <br />The final abatement for the most recently issued NOV (C-97-001), <br />requires implementation of surface treatment in a settling pond, <br />which I believe will address the problems with the current system, <br />and ensure future compliance. <br />I believe the two minewater discharge exceedances during the 12 <br />month period beginning March 28, 1996, constitute a pattern of <br />violations based on the issuance of two violations of the same <br />requirement at the same location. When considered together with <br />the NOV written for the same violation at the same location as a <br />result of the June 30, 1995 inspection, I think it is clear that <br />the cited violations were not isolated departures from lawful <br />conduct. However, because of the likelihood that surface treatment <br />will resolve the problem, I would recommend against the issuance of <br />a show cause order at this time. <br />If you have any questions or need additional information to <br />complete your review, please let me know. <br />cc: Susan McCannon <br />Larry Routten <br />Larry Reschke, Powderhorn Coal Company <br />m:\coal\dtm\041pov97.mem <br />