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4. American Fuels, Inc. suspended operations at the New Pryor Strip during <br />the spring or summer of 1984. The operation is currently under a Notice <br />of Temporary Cessation of Operations, submitted by American Fuels, Inc. <br />in January, 1985. <br />5. On May 3, 1985 the Division found three Patterns of Violation which <br />existed as a result of Notices of Violation issued by the Division to <br />American Fuels, Inc. during the past 13 months. <br />6. The first Pattern of Violation is for related requirements, specifically, <br />C.R.S 34-33-120(2) and Rule 4.05, both of which address protection of the <br />Hydro~ogic environment. This pattern includes NOV C-84-062, issued on <br />April 26, 1984 for failure to maintain and monitor surface water <br />monitoring stations. NOV C-84-063, issued April 26, 1984 for failure to <br />construct an emergency spillway for a sediment pond. NOV C-84-061 was <br />issued May 3, 1984 for failure to pass disturbed drainage through a <br />sediment pond. NOV C-84-151 was issued for failure to maintain a <br />collection ditch. <br />7. These NOV's were issued as a result of two inspections conducted within a <br />twelve month period. The inspections occurred on April 23, 1984, and <br />August 14, 1984. <br />8. American Fuels, Inc. was negligent in carrying out the provisions of <br />their permit which ensured protection of the hydrologic environment. <br />Therefore, they exhibited an unwarranted failure to comply with the Act <br />and Regulations. <br />9. The second Pattern of Violation related to performance bond requirements <br />which are addressed by C.R.S. 34-33-113(1) and Rule 3.02. It included <br />NOV C-84-176 which was issued December 18, 1914 for failure to submit <br />bond for a technical revision. NOV C-84-177 was issued December 18, 1984 <br />for failure to submit bond to meet requirements of Stipulation Number 15 <br />of the permit approval. CO C-85-023 was issued March 21, 1985 for <br />failure to abate NOV C-84-116. CO C-85-024 was issued March 21, 1985 for <br />failure to abate NOV C-84-177. <br />10. The need for additional bond was addressed in a permit stipulation and <br />resulted from a revision to facilities at the mine site. American Fuels, <br />Inc. was aware of this need and exhibited an unwarranted failure to <br />comply with the Act and Regulations when they failed to submit the <br />necessary bonds. <br />11. The third Pattern of Violation related to different requirements. One <br />requirement is addressed in C.R.S. 34-33-120(2)(p) and Rule 4.13, <br />concerning contemporaneous reclamation. The Second requirement for haul <br />roads is addressed by C.R.S. 34-33-120(6) and Rule 4.03.1. This pattern <br />includes NOV C-84-164 which was issued November 1, 1984 for failure to <br />reclaim contemporaneously. NOV C-84-175 was issued December 18, 1984 for <br />failure to certify the haul road. <br />