ENFORCE37619

• Permit No: C1987072
• IBM Index Class Name: Enforcement
• Doc Date: 1/27/1989
• Doc Name: LA PLATA 1 MINE PN C-87-072 DETERMINATION OF PATTER OF VIOLATIONS DETERMINATION TO ISSUE A SHOW CAUS
• From: MLRD
• To: LA PLATA COAL CORP
• Violation No.: CV0000000
• Media Type: D
• Archive: No

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

215 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. [phone]