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Mr. Jim Tatum -3- December 6, 1994 the Coal Program to issue an order to a petmittce to show cause why a permit should not be suspended or revoked once the Coal Program makes the following determinations: a. that a Pattern of Violations of any requirements of the Act, the Rules, or any permit condition required by the Act exists or has existed, and b.(i) that such violations are or were caused by the unwarranted failure of the petntittce to comply with any requirements of the Act, the Rules, or any permit conditions, or b.(ii) that such violations were willfully caused by the permittee. In the cases of both the Golden Eagle and New Elk Mines, the Coal Program determined that the Pattern of Violations at both mines were comprised of "unwarranted failure to comply" violations, as described in the October 1993 memoranda. At the December 1993 Show Cause Hearings for both the Golden Eagle and New Elk Mines, the Colorado Mined Land Reclamation Board determined that no Pattern of Violations existed in the case of the New Elk Mine. In the case of the Golden Eagle Mine, the Board determined that a Pattern of Violations did exist at the mine during 1993. The Board further determined that the Pattern of Violations at the Golden Eagle Mine was one comprised of "unwarranted failure to comply" violations, rather than one comprised of "willful" violations. As such the language in Statement No. 8 of the January 21, 1994 Findings Document that states, "the operator does not control and has not controlled mining operations with a demonstrated pattern of willful violations" is appropriate in Gght of the October 1993 memoranda. 7. You requested that the Division identify the permit area with respect to Rule 2.07.6(2)(k). This rule concerns prime farmland and alluvial valley floors. Page 2.04-34(c) and Exhibit 15 contain information that explains the determination that there is no prime farmland within the permit area. There are only two alluvial valley floors within the permit area. They are the Picketwire AVF and the Wet Canyon AVF. A copy of a portion of Map 16, entitled "Structure Inventory," is enclosed, outlining the boundaries of these two AVFs within the permit boundary. 8. You asked for a copy of Section VIII from the December 1988 Findings Document. It is enclosed. 9. You asked for a copy of Rule 4.16. It is enclosed. 10. You requested a copy of NOV C-92-010. I[ is enclosed. This NOV was issued to the permittee for its failure to submit the data from the subsidence monitoring program to the Division at least semi-annually. At the time of the issuance of the NOV, the data was at the minesite, but had not been submitted to the Division. Subsequent to the issuance of this NOV, the data was submitted to the Division.