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1 .~, <br />MINED LAND RECLAMATION DIVISION <br />Deparlmenl of Natural Resources <br />1313 Sherman SI., Room 215 <br />Denver. CO 80203 <br />303 8663567 <br />Fn% 303 832-8106 <br />of `n~o <br />~~,~ q <br />r,P _;. 9 <br />~.~i.,~o Gy o <br />._,~ <br />~ rB]6 ~ <br />Roy Romer, <br />Gavemoi <br />M ¢nael 0 long, <br />D~nsion Ovecror <br />January 27, 1994 <br />Dallas, TX 75231 <br />RE: Failure to Abate Cessation Order C-93-158 <br />Mr. Drew Wilson <br />American Shield Coal Company <br />10830 N. Central Expressway <br />Suite 175 <br />Dear Mr. Wilson: <br />Failure to Abate Cessation Order C-93-158 (CO) was issued to <br />American Shield on December 15, 1993 as a result of the company's <br />failure to abate Notice of Violation C-91-024 (NOV). The NOV was <br />issued for failure to eliminate highwalls at the Fruita Mine. <br />Proposed civil penalties of $650 and $22,500 for the NOV and the CO <br />were assessed by the Division, respectively. <br />As required by the rules of the Colorado Mined Land Reclamation <br />Board, I have reviewed this case to determine if a pattern of <br />violations exists at the Fruita Mine. Due to a number of <br />exceptional circumstances in this case and, as allowed by Rule <br />5.03.3(2) (c) of the regulations, I find that there is no pattern of <br />violations at the Fruita Mine, despite the unabated CO. I am <br />therefore declining to issue a show cause order as to why the <br />Fruita per^~~* should not be revoked. The exceptional circumstances <br />which lead me 'to this conclusion are: <br />1. There is no permit under the current approved State <br />program, <br />2. American Shield has followed a reclamation plan <br />which was previously approved by DMG, <br />3. American Shield's application for a Phase I bond <br />release for backfilling and grading at the mine was <br />previously approved by the DMG <br />4. American Shield made a diligent attempt to obtain a <br />permit for the mine, as directed by a March, 1992 <br />Board Order; DMG previously proposed to approve <br />that permit application and, <br />III III IIIIIIIIII III <br />999 <br />STATE OF COLORADO <br />