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Of-COC <br /> o <br /> DEPARTMENT OF NATURAL RESOURCES <br /> David H.Getches,Executive Director <br /> MINED LAND RECLAMATION DIVISION <br /> 1876 D"ID C.SHELTON, Director <br /> Richard D Lamm <br /> Governor <br /> September 23, 1985 <br /> Mr. David R. Sturges <br /> Delaney & Balcomb, P.C. <br /> Drawer 790 <br /> Glenwood Springs, Colorado 81602 <br /> RE: Request to Vacate Show Cause Order - Permit No. C-017-81 <br /> Dear Mr. Sturges: <br /> I have reviewed your request of August 26, 1985 to vacate the Show Cause Order <br /> issued to Mid-Continent Resources, Inc. You present two arguments to support <br /> your request. The first is that the majority of violations the Division <br /> includes in the Patterns of Violations were caused by exceptional <br /> environmental circumstances. The second is that to be legally and <br /> administratively consistent with the disposition of past Show Cause Orders, <br /> the Division should vacate the Mid-Continent, Inc. Show Cause Order as being <br /> demonstrably unjust. I will respond to each argument in order. <br /> When examining the violations that were included in the Patterns of <br /> Violations, the Division gave consideration to whether to include those <br /> Notices of Violation which may have been caused, in part, by the unusual <br /> runoff and snowmelt in May, 1984. The Division included in the Patterns of <br /> Violations only those Notices of Violation which it believed to be caused by <br /> failure of the operator to conduct normal and routine mining and reclamation <br /> activity in compliance with the Colorado Surface Coal Mining Reclamation Act, <br /> the Rules and Regulations promulgated pursuant thereto, and the permit. <br /> With respect to the second argument addressing legal and administrative <br /> consistency, I find that given the magnitude and seriousness of the Patterns <br /> of Violations it is not inconsistent to allow the Show Cause Order to go <br /> forward. The Mid-Continent Resources, Inc. case is unique, as are all the <br /> cases cited in your letter, and I find that the particular facts and <br /> circumstances in this case, after considering your argument, do not support <br /> the request to vacate the Show Cause Order. I find that it would not be <br /> demonstrably unjust to go forward with the Show Cause Order as supported by <br /> the record. <br /> 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />