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~II ~I~~I~~II~~~~ ~I~ <br />STATE OF COLORADO <br />Roy Romer, Govei <br />DEPARTMENT OF NATURAL RESOURCES <br />MINED LAND RECLAMATION DIVISION <br />FRED R. BANTA, Director <br />January 27, 1989 <br />Mr. Joe Carpio <br />La Plata Coal Corporation <br />P.O. Box 1941 <br />Durango, Colorado 81302 <br />RE: La Plata No. 1 Mine, Permit No. C-87-072 <br />Determination of Pattern of Violations <br />Determination to Issue a Show Cause Order <br />Dear Mr. Caprio: <br />I have reviewed the compliance record of the La Plata No. 1 Mine in accordance <br />with Rule 5.03.3(2)(a), (b) and (c), and Rule 5.04.6 (4 ). Based on this <br />review I have determined that a pattern of violations exists. My reasons are <br />set forth below. <br />During the twelve month period beginning January 27, 1986, La Plata Coal <br />Corporation received five Notices of Violation and one Cessation Order from <br />the Division. Of the five violations issued, three were related to hydrologic <br />concerns (C-88-004, C-88-035, and C-88-036), and the remaining two were issued <br />for failure to comply with the terms of the permit (C-88-005 and C-86-006). <br />Notice of violation C-88-004 was issued in January 1988 for failure to install <br />ground water monitoring wells. Violations.C-88-035 and C-88-36 were issued in <br />July of 1986. The nature of the violations were C-88-035, failure to maintain <br />sediment control ditches and C-88-036, failure to perform required surface <br />water monitoring. In addition, cessation order C-68-046 was issued for failure <br />to abate NOV C-88-035. This cessation order has not been abated and remains <br />outstanding. The remaining violations have been abated and termination <br />notices issued. In addition, none of the penalties assessed for the <br />violations have been paid. <br />Based on the performance of the operation over the past twelve months, I have <br />decided to issue an Order to Show Cause why the permit should not be suspended <br />or revoked. The reasons are stated below. <br />In June of 1986 a partnership was formed between four entities for the purpose <br />of permitting and putting back into production the abandoned Peacock Mine. On <br />June 4, 1987 before the permit was issued, the partnership was dissolved with <br />notice of dissolution being provided to the Division on July 20, 1967. <br /> <br />215 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. (303) 866-3567 <br />