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iii iiiiiiiiiiiiiiii 999 DIVISION OF MINERALS AND GEOLOGY Depanment of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone:(3011866-3567 FA%:1303) 832-8106 February 6, 1995 STATE OF COLORADO Mr. Larry Reschke Powderhorn Coal Company Roadside North & South Portal Mines P.O. Box 1430 Palisade, CO 81526 RE: Roadside & Cameo Mines (C-81-041) Notice of Violations C-94-014, C-94-031, C-95-001 Dear Mr. Reschke, DEPARTMENT OF NATURAL RESOURCES Roy Romer Governor lames 5. Lochhead Erttulive Director Michael B. Long Division Director The above mentioned notices of violation were issued to Powderhorn Coal Company's Roadside North and South Portal Mines on three separate inspections of the site which were conducted July 12, 1994, October. 25, 1994 and January il, 1995. Rules 5.03.3(2)(b) and 5.03.3(2)(c) of the Rules and Regulations of the Colorado Mined Land Reclamation Board for Coal Mining (the Rules) require an administrative review of the history of any violations cited during three or more inspections during a twelve month period. The purpose of that review is to determine if a pattern of violations exists, and, if a pattern exists, to determine whether the Division will require the operator to show cause why the permit should not be suspended or revoked. Pursuant to Rules 5.03.3(2)(b) and 5.03.3(2)(c), I have reviewed the history of recent notices of violation cited at the Roadside North and South Portal Mines. I find that there is no pattern of violations at the Roadside North and South Portal Mines because: 1) the violations cited were not of the same or related requirements of the Colorado Surface Coal Mining Reclamation Act (the Act), the Rules, or the approved permit; 2) there is not an excessive number of violations during the preceding twelve month period, of different requirements of the Act, the Rules, or the approved permit; and 3) the cited violations were isolated departures from lawful conduct.