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;r iii iiiiuiiiiiiiiii sss F STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Depanmem of Natural Resources 1713 Sherman St., Room 21 5 Dcnver, Colorado 80203 Phunc~ 11031 866-3567 FA%:13(131 832-8106 February 25, 1994 Mr. Murari P. Shrestha Assistant Manager of Engineering Western Fuels - IItah 405 IIrbaa Street #305 Lakewood, Colorado 80228 ~~~ DEPARTMENT Of NATURAL RESOURCE Roy Rome Governor Ken Salazar Eiecm rve Dvec mr Michael 8. Lonp Dir ismn Direcln~ Re: Deserado Mine (C-81-018) Notices of Violation C-93-010, C-93-103, C-93-153, C-93-154, C-93-156, C-93-157 Dear Mr. Shrestha: The above mentioned notices of violation were issued to Western Fuels - Utah's Deserado Mine on three separate inspections of the site which were conducted on March 17, 1993, July 1, 1993 and December 16, 1993. Rules 5.03.3(2)(b) and 5.03.3(2)(c) of the Rules and Regulations of the Colorado Mined Land Reclamation Board for Coal Mining (the Rules) require an administrative review of the history of any violations cited during three or more inspections during a twelve month period. The purpose of that review is to determine if a pattern of violations exists, and, if a pattern exists, to determine whether the Division will require the operator to show cause why the permit should not be suspended or revoked. Pursuant to Rules 5.03.3(2)(b) and 5.03.3(2)(c), I have reviewed the history of recent notices of violation cited at the Deserado Mine. I find that: 1) the violations were not the same or related requirements of the Colorado Surface Coal Mining Reclamation Act (the Act), the Rules, or the approved permit; 2) there is not an excessive number of violations during the preceding twelve month period, of different requirements of the Act, the Rules, or the approved permit; and 3) the cited violations were isolated departures from lawful conduct.