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Memo to Mike Lonq - 2 - March 7, 1989 <br />Abated - 11/3/88 <br />Final Assessment - E2,000.00, Paid <br />C-88-044 was a Notice of Violation issued on October 14, 1988 and written for <br />failure to maintain a protected channel to divert runoff through a disturbed <br />area, thereby causing severe downcuttina and additional contribution of <br />suspended soils to the stream flow. Specifically, severe erosional <br />downcuttina and widening of the channel had occurred at the area where D-11 <br />emptied into the Purgatoire river causing a considerable delta to form in the <br />river channel. <br />Abated - 10/18/88 <br />Final Assessment - E1, 750.00, Paid <br />C-89-004 was a Notice of Violation issued on February 22, 1989 and written for <br />failure to maintain stable diversion channels on a refuse pile, the rebv <br />causing water to pond on the surface of the pile and endanger the integrity of <br />the pile. <br />Abatement due 3/22/89 <br />Within the framework of these violations there is ample evidence to suggest <br />that a Pattern of Violations exists in three ways. <br />1. The number of violations, cited on more than one occasion, of the same or <br />related requirements of the Act, the Rules, or the permit. Two of the <br />Violations, C-88-040 and C-88-044, were written for related performance <br />standards concerning the hydrologic balance at the mine site. Both <br />contributed to diminished water quality in the Purgatoire River. In <br />addition to this, C-88-044 and C-89-004 were written for related <br />performance standards pertaining to failure to maintain drainage channels. <br />2. The number of violations, cited on more than one occasion, of different <br />requirements of the Act, the Rules or the Permit. The fact that there <br />are four violations written on four different inspections of the site <br />within 10 months indicates by itself that a Pattern of Violations exists <br />at the mine. All of the violations are serious with two directly <br />diminishing the stream quality of the Purgatoire River. <br />3. The extent to which the cited violations were isolated departures from <br />lawful conduct. Based on the previous record of the IJew Elk Mine, they <br />have had a series of violations in the past extensive enough to warrant <br />the issuance of a show cause order in 1985. This order was vacated in <br />early 1986. However, in 1987 there were three violations issued at the <br />mine including one which is nearly identical to C-89-004. It would <br />appear that their most recent violations are not isolated departures from <br />lawful conduct. <br />