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Memo to Mike Lonq - 4 - March 7, 1989 <br />Abated - 4/6/88 <br />Final Assessment - b1,250.00, Paid <br />Within the framework of these violations, it may also be shown that a Pattern <br />of Violations exists under three different circumstances. <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. C-88-017 and <br />C-88-019 were written for related performance standards concernin^ two <br />different aspects of the mine water treatment system which relates to the <br />hydrologic balance at the mine site. <br />2. The number of violations, cited on more than one occasion, of different <br />requirements of the Act, the Rules or the Permit. Once again three <br />violations within a twelve month period indicates that a Pattern of <br />Violation may exist at the mine. Two of the violations are of a serious <br />nature with one causing significant environmental harm. <br />3. The extent to which the cited violations were isolated departures from <br />lawful conduct. The oast record of the Golden Eagle mine indicates that <br />they received one violaton in 1987 which was vacated. It would then <br />appear that even though one violation (C-88-017) was very serious, this <br />along with the other violations were isolated departures from lawful <br />conduct. <br />Based on the record at these mines it appears that a Pattern of Violations <br />does exist at both the New Elk and Golden Eagle t-0ines. Both are operated by <br />Wvominq Fuel Company under two separate permits although the mines essentially <br />function as one operation, Pre sently coal is being mined at the Golden Eagle <br />14ine and being trucked to the ad.iacent New Elk Mine for processing. Since <br />there is enough evidence to suggest that a Pattern of Violations exists at <br />both mines individually, there is overwhelming evidence to suggest that a <br />Pattern of Violations exists on the part of the operator, Wvominq Fuel Company. <br />If there are any Questions about any of the violations or a need for more <br />information, please see me. <br />3767E/scq <br />