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" <br />'~ III IIIIIIIIIIIII III <br /> 999 <br />MINED LAND RECLAMATION DIVISION <br />Department o1 Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />303 866-3567 <br />FA%:303 832-6106 <br />STATE OF COLORADO <br />OF ~OCp <br />i.F'~ 'P> <br />r~%~ .. ~$ <br />N <br />O t <br />~: . <br />~ rg 76 ~ <br />Roy Romer, <br />Governor <br />Fred R. Barra. <br />Division Director <br />July 30, 1990 <br />Mr. Robert Lobato <br />Blue Flame Coal Company <br />Southbridge East <br />6130 South Memorial <br />Tulsa, OK 74133 <br />Re: Determination of Pattern of Violations and Issuance of Show Cause Order <br />for the Blue Flame Mine, Permit No. C-81-053 <br />Dear Mr. Lobato: <br />I have reviewed the compliance record of the Blue Flame Mine in accordance <br />with Rule 5.03.3(2)(a), (b) and (c). Based on this review I have determined <br />that a pattern of violations exists. My reasons are set forth below, <br />Between August, 1988, and April, 1989, one failure to abate cessation order <br />(FTA-CO) and five notices of violation (NOV) were issued to Blue Flame Coal <br />Company for operations at the Blue Flame Mine. Each of the cited enforcement <br />actions was upheld. The enforcement actions were issued as a result of three <br />separate inspections of the pernit area. Two of the notices of violation, <br />NOV C-88-037 and NOV C-89-009, were issued for related drainage and sediment <br />control concerns during separate inspections. Two additional NOV's, C-88-038 <br />and C-89-012 were issued for improper handling or disposal of coal waste <br />during separate inspections. NOV C-88-039 was issued for failure to conduct <br />required surface water monitoring. <br />A review of these enforcement actions indicates that there is sufficient cause <br />to find a pattern of violations for two reasons: <br />1. The number of violations cited on more than one occasion of the same or <br />related requirements of the Act, the Rules, or the permit; and, <br />2. The number of violations cited on more than one occasion of different <br />requirements of the Act, the Rules, or the permit. <br />The cited violations do not appear to be isolated departures from lawful <br />conduct based on the fact that six enforcement actions were taken within an <br />eight month period on three separate inspections, and two sets of the <br />violations were of the same or related requirements of the Act, Rules or the <br />permit. <br />