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III Illillllllllllll <br />STATE OFCOLORADO <br />Roy Romer, Govei <br />DEPARTMENT OF NATURAL RESOURCES <br />MINED LAND RECLAMATION DIVISION <br />FRED R. BANTA, Dlreetor <br />April i7, 1989 <br />Mr. Charles W. McGlothlin <br />Vice President and General Manager-Coal Operations <br />Wyoming Fuel Company <br />10250 Highway 12 <br />Weston, CO 81091 <br />Re: Determination of Pattern of Violations and Issuance of Show Cause Order <br />for the New Elk Mine, Permit No. C-81-012 <br />Dear Mr. McGlothlin: <br />I have reviewed the compliance record of the New Elk Mine in accordance with <br />Rule 5.03.3(2)(a),(b) and (c), and Rule 5.04.6(4). Based on this review <br />I have determined that a pattern of violations exists. My reasons are set <br />forth below. <br />Between the period of June 1988 and February 1989 four enforcement actions <br />have been issued to the New Elk Mine. Two of the enforcement actions were <br />cessation orders; the remaining two were notices of violation. Three of the <br />four enforcement actions were written for the same or related requirements <br />of the Act. Specifically, Cessation Order C-88-040 and Nov's C-88-044 and <br />C-89-004 were issued for hydrologic concerns. Two of these enforcement <br />actions were taken for activities that directly impacted the <br />Purgotorie River. In addition, a cessation order was issued for conducting <br />unpermitted operations. <br />A review of these enforcement actions indicates that there is sufficient cause <br />to find a pattern of violations for two reasons: <br />1. The number of violations cited on more.than one occasion of the <br />same or related requirements of the Act, the Rules or the permit; and <br />2. The number of violations cited on more than one occasion of <br />different requirements of the Act, the rules, or the permit. The <br />fact that there were four enforcement actions taken on four separate <br />inspections within a ten month period indicates a pattern of <br />violations exists at the mine. <br />215 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. (303) 866-3567 <br />