Laserfiche WebLink
iiiiiiiiiiiiiiiiiii <br />999 <br />DIYISION OF MINERALS AND GEOLOGY <br />Depanment o(Nalural Resources <br />131 J Sherman SI.. Room 215 <br />Denver. CO 80203 <br />Phone: (3031 866-3567 <br />FAX:13031832-8106 <br />January 6, 1994 <br />Mr. Gary Wendt <br />Peabody Western Coal Company <br />1300 South Yale Street <br />Flagstaff, Arizona 86001 <br />STATE OF COLORADO <br />pf'~ <br />ti~ q09 <br />Ne :~ <br />`/`I`1~~~~~~ Ill , <br />lB]6 <br />Roy ROmer <br />Governor <br />Michael e. Long <br />Division Dveclor <br />RE: Seneca II-W Miae (Our File No. C-H2-057) <br />Notices of Violation C-93-134, C-93-135, C-93-136, C-93-141, aad C-93-143 <br />Dear Mr. Wendt: <br />The above mentioned notices of violation were issued to Peabody Western Coal <br />company's Seneca II-W Mine on three separate inepectiona of the Bite which were <br />conducted September 24, October 16, and October 20, 1993. Rules 5.03.3(2)(6) and <br />5.03.3(2)(c) of the Rules and Regulations of the Colorado Mined Land Reclamation <br />Board for Coal Mining (the Ru1ea) require an administrative review of the history <br />of any violations cited during three or more inepectiona during a twelve month <br />period. The purpose of that review is to determine if a pattern of violations <br />exists, and, if a pattern exists, to determine whether the Division will require the <br />operator to show cause why the permit should not be suspended or revoked. Pursuant <br />to Rulee 5.03.3(2)(6) and 5.03.3(2)(c), I have reviewed the history of recent <br />notices of violation cited at the Seneca II-W Mine. <br />I find that: <br />1) the violations cited were not of the same or related requirements of <br />the Colorado Surface Coal Mining Reclamation Act~(the Act), the Rules, <br />or the approved permit; <br />2) there is not an excessive number of violations during the preceding <br />twelve month period, of different requirements of the Act, the Rules, <br />or the approved permit; and <br />3) the cited violations were isolated departures from lawful conduct. <br />Therefore, the Division will not issue an order to show cause why the Seneca II-W <br />Mine permit should not be suspended or revoked. <br />If you have questions or need additional information, please contact me or Susan <br />Burgmaier of my staff. <br />Sin <br />Michael B. Long <br />Director <br />c: Susan Burqmaier <br />Steven Renner <br />