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David C. Shelton , Director, August 26 , 1985 <br /> Colo. Mined Land Reclamation Division Page 4 <br /> Additionally, regular and routine preventative maintenance <br /> programs for environmental facilities have been established. Fi- <br /> nally, an environmental awareness training program has been es- <br /> tablished cooperatively with Colorado Mountain College. Pro- <br /> grams and instruction are attended twice yearly by mine super- <br /> intendents , outside equipment operators , selected Special Work <br /> Force employees , Savage Coal Carrier superintendents and equip- <br /> ment operators , selected independent contractors and equipment <br /> operators . All of the foregoing and all outside employees are <br /> provided with copies of the Environmental Handbook (Mid-Contin- <br /> ent) (1985) . <br /> LEGAL AND ADMINISTRATIVE CONSISTENCY <br /> Pursuant to our request, the Division kindly provided us <br /> with documents pertinent to other patterns of violations . These <br /> included, GEC Minerals , Inc. , Chimney Rock Coal Company, Trinidad <br /> Basin Mining Company, Inc. and Western Fuels Co. (Deserado <br /> Mine) . We assume no further actions have been completed since we <br /> received this information. <br /> From our review of these documents , it appears that the <br /> Division has taken a consistent and legally supportable position <br /> in exercise of the discretion granted the Director pursuant to <br /> Board Rule 5 .03.3 ( 2) ( c) . <br /> It appears that the Division' s order to show cause was <br /> properly sustained by the Board against GEC Minerals , Inc. , <br /> because "over the last nine months , GEC Minerals , Inc. has <br /> failed to abate these violations." [Emphasis supplied. ] The <br /> Board ordered Permit C-037-81 revoked. <br /> In Chimney Rock Coal Company, while concurring with the <br /> staff conclusion that a pattern of violations existed, under Rule <br /> 5 .03 .3 ( 2) (c) you, as Director and in exercise of the discretion <br /> granted you, declined to issue a show cause order for the fol- <br /> lowing reasons (Memorandum dated October 4 , 1984 ) : <br /> Based on the record of compliance of Chimney Rock <br /> Coal Company since March 8 , 1984 , it would be de- <br /> monstrably unjust to issue an Order to the permit- <br /> tee to show cause why the permit should not be <br /> suspended or revoked. The improved performance <br /> demonstrates the company' s ability to operate a <br /> coal mine in compliance with the law and thus , <br />