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1 '- <br />Mr. Robert Lobato - 2 - July 30, 1990 <br />In addition, it should be noted that three additional violations have been <br />issued to the operator between October, 1989 and May, 1990. NOV C-89-028 was <br />issued October 26, 1989 for failure to maintain required records at or near <br />the mine site, NOV C-89-035 was issued December 26, 1989 for failure to <br />implement an approved surface drainage control plan and NOY C-90-013 was <br />issued May 15, 1990 for failure to properly maintain the sedimentation pond. <br />C-89-028 and C-89-035 were both upheld, C-90-013 is still subject to appeal. <br />The recent violations, in conjunction with ine enforcement actions included in <br />the pattern of violations indicate a continuing lack of maintenance at the <br />site. <br />For the above reasons, I have determined that a pattern of violations does <br />exist and I have decided to issue an Order to Show Cause why the permit should <br />not be suspended or revoked, <br />As indicated in the enclosed Show Cause Order, this matter wi71 be scheduled <br />for a formal hearing before Mined Land Reclamation Board. We will notify you <br />in writing thirty days prior to the date of the hearing. <br />If you have any questions, please contact Dan Mathews or me. <br />Sincerely, , <br />FRED R. B~ NT9.~Y V ~ <br />Director <br />FRB/ern <br />Enclosure(s) <br />cc: Mr. Ross Swimmer <br />Dan Mathews, MLRD <br />Jim Stevens, MLRD <br />9023E <br />