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David C. Shelton , Director, August 26 , 1985 <br /> Colo. Mined Land Reclamation Division Page 5 <br /> eliminates the Division' s argument to the Mined <br /> Land Reclamation Board as to why the permit should <br /> be suspended or revoked at this time. Addition- <br /> ally, the permittee has hired personnel to assist <br /> in compliance in the future. Thus , I am declining <br /> to issue a Show Cause Order at this time. This <br /> decision does not diminish the seriousness of <br /> events which occurred, but rather recognizes that <br /> the corrective actions which could be gained <br /> through a suspension and revocation have already <br /> been accomplished. [Emphasis supplied. ] <br /> In Trinidad Basin Mining Company, you concurred in the <br /> staff determination of a pattern of a violations and issued a <br /> show cause order . Following the Board hearing, to which the <br /> company apparently failed to respond, the Board ordered a sus- <br /> pension of the permittee' s right to mine coal and required that <br /> it complete all outstanding reclamation activities . It is my <br /> understanding that Trinidad Basin had prior to the show cause <br /> order issuance ceased operations , and that its pattern of viola- <br /> tions involved at least two cessation orders for failures to <br /> abate previous notices of violations . There were no documents <br /> indicating that you were asked to exercise your discretionary <br /> authority under Rule 5 .03 .3( 2) ( c) . <br /> In Western Fuels , Inc . (Deserado Mine) , you concurred in <br /> the staff determination of a pattern of violations but you de- <br /> clined to issue a show cause order on the grounds it would be <br /> demonstrably unjust . You specifically observed (Memorandum of <br /> October 19 , 1984) : <br /> In all cases abatements were successfully carried <br /> out in a manner which will, in all probability, <br /> reduce any potential problems next spring . All <br /> indications are that the company will be able to <br /> comply with the law with regard to sediment control <br /> which was the subject of the five violations. <br /> Since June, 1984, no violations have been issued to <br /> Western Fuels for activities at the Deserado mine. <br /> All corrective actions and mitigations that could <br /> occur regarding the problems at the mine in the <br /> spring of 1984 have been successfully accom- <br /> plished. Thus there would be no useful purpose <br /> served by proceeding with a show cause order . It <br /> would be demonstrably unjust at this time to go <br />