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III IIIIIIIIIIIII III <br />999 <br />iviiivCD LH1VU tiCl,L/aIYIFiI1VIV UIY~IjiUiV <br />Depanment of Natural Resources <br />.~ ~ r-i s { vi l., IJLI J~L~1J~ <br />1313 Sherman $t.. Room 215 <br />Denver, CO 80203 <br />303 866-3567 <br />Fn x. 303 832-8706 <br />OF ~G~O <br />/~~- ~'ul[' 9 <br />Ne/ x Il~v- C <br />.~,~-~: <br />~i <br />r8'I6 ~ <br />Roy Romer, <br />Gwemor <br />DATE: August 7, 1992 Michael B. Long, <br />Division DirCClpr <br />TO: Joe Dudash <br />/ .- <br />FROM: Larry Routten ,%t ,~~ <br />RE: Pattern of Violations at the TBM Mine <br />Having just finished assessing proposed civil penalties on NOV's <br />C-92-013 and C-92-014 at the TBM Mine and having heard about your <br />recent inspection at the mine, I thought I should point out the <br />recent enforcement history of the mine. <br />NOV C-91-009 was issued as a result of a July 26, 1991 inspection. <br />This NOV was written for failure to pass disturbed area drainage <br />through a treatment system. <br />NOV C-92-013 was issued as a result of a-July 16, 1992 inspection. <br />This NOV was written for failure to maintain a sediment pond. <br />NOV C-92-014 was issued as a result of the same July 16, 1992 <br />inspection. This NOV was written for failure to pass disturbed <br />area runoff through a treatment system. <br />Rule 5.03.3(2) states that the Division may determine that a <br />pattern of violations exists based upon two or more inspections <br />within any 12 month period which identify violations of the same or <br />related requirements of the Rules. It further indicates that the <br />Division SHALL review a history of violations of any permittee <br />cited for violations on three occasions during a 12 month period. <br />You might consider the above in assessing your options in regard to <br />enforcement strategies at the mine. <br />cc: Dan Hernande2 <br />Steve Renner <br />c:\wp51\1r87d <br />