1990-07-17_GENERAL DOCUMENTS - C1981017

• Permit No: C1981017
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 7/17/1990
• Doc Name: Determnation of Petteron of Violation and Issues of Show Cause Order
• From: DMG
• To: Mid Continent Resources
• Permit Index Doc Type: General Correspondence
• Media Type: D
• Archive: No

STATE OF COLORADO
MINED LAND RECLAMATION DIVISION oF.co
Department of Natural Resources
1313 Sherman St.,Room 215 0 •
Denver,CO 80203 *5
303 866-3567 '1876
FAX: [phone]
Roy Romer,
Governor
July 17, 1990 Fred Banta,
Division Director
Ms. Diane Delaney
Mid-Continent Resources
P.O. Box 500
Carbondale, CO D81623
Re: Determination of Pattern of Violations and Issuance of Show Cause Order
for the Coal Basin Mine, Permit No. C-81-017
Dear Ms. Delaney:
I have reviewed the compliance record of the Coal Basin Mine in accordance
with Rule 5.03.3. Based on this review I have determined that a pattern of
violations exists at the Coal Basin mine. My reasons are set forth below.
Between the period of February, 1969 and January, 1990 six violations and one
cessation order have been found at the Coal Basin mine. Six of the seven
enforcement actions were written for the same or related requirements of the
Act. Specifically, Cessation Order C-89-019 and Notices of Violation (NOV)
C-89-003, C-89-013, C-89-017, C-50-001 and C-90-002 were issued for hydrologic
concerns. Two of these enforcement actions were taken for activities that
directly impacted water quality on Coal Creek and the Crystal River.
A review of these enforcement actions indicates that there is sufficient cause
to find a pattern of violations for the following reasons:
1 . The number of violations cited on more than one occasion of the
same or related requirements of the Act, the Rules or the permit,
and
2. The number of violations cited on more than one occasion of
different requirements of the Act,the Rules, or the permit. The
fact that there were seven enforcement actions taken on six
different inspections indicates that a pattern exists at the mine.
In addition, two Notices of Violation were recently issued for failure to
maintain the surface water control plan, NOV C-90-014 and NOV C-90-015. While
these notices are currently under the administrative review process, these
enforcement actions in conjunction with those previously upheld indicates a
definite lack of maintenance at the site.