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~~ "`~~ j <br />The operator, Powderhorn Coal Company, waived its rights to the <br />appeal process for the first two violations (C-94-014 and C-94- <br />031). Fines for the first two violations have been paid and the <br />status of the notices is now final. The last violation (C-95-001) <br />is under administrative review and has not been terminated to date. <br />The problems cited in the three notices are unrelated. NOV C-94- <br />014 was written because sediment pond #li was not completed prior <br />to construction of a borrow area. The borrow area was permitted to <br />cover the refuse piles at the mine. NOV C-94-031 was issued <br />because the operator constructed three monitoring wells at the <br />Roadside North Portal without obtaining approval from the Division <br />(in the form of a revision). NOV C-95-001 was issued at the CRDA <br />#1 refuse area for failing to direct surface runoff from the mine <br />benches to the 100-year diversion ditches. Powderhorn CoaliCompany <br />has not demonstrated a pattern of violations in terms of consistent <br />disregard of any one requirement. <br />Because the three violations cited were isolated departures from <br />lawful conduct, I recommend that the Division determine that there <br />is not a pattern of violations at the Roadside & Cameo Mines, and <br />that Powderhorn Coal Company not be issued an order to show cause <br />why the permit should not be suspended or revoked. <br />If you have any questions or need additional information to <br />complete your review, please let me know. <br />cc: Susan McCannon <br />Larry Routten <br />Dan Mathews <br />Larry Reschke, Powderhorn Coal Company <br />m:\coal\esc\roadside\950206 <br />