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STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />IN THE MATTER OF: Basin Resources, Inc. ) FINDINGS OF FACT <br />The New Elk Mine ) CONCLUSIONS OF LAW <br />Permit No. C-81-012 ) <br />TO: Basin Resources, Inc. and all other persons engaged in or owning or controlling the New <br />Elk Mine coal mining operation located in portions of Sections 13, 14, 21, 22, 23, 24, <br />25, 26, 27, 28, 34, 35 and 36 of Township 33 South, Range 68 West; Sections 1 and 2 <br />of Township 34 South, Range 68 West; Sections 30 and 31 of Township 33 South, Range <br />67 West; and Section 6 of Township 34 South, Range 67 West, all of the 6th P.M., in <br />Las Animas County, Colorado. <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by <br />C.R.S. 34-33-124(4), the Board hereby makes the following fmdings of fact: <br />1. On December 16, 1993, the Board held a formal public hearing pursuant to Section <br />5.03.5 of the Regulations of the Colorado Mined Land Reclamation Board for Coal <br />Mining. The hearing was held by the Board in order that Basin Resources, Inc. be <br />provided the opportunity to show cause why the permit for the New Elk Mine should <br />not be suspended or revoked. <br />2. The Division presented evidence and/or testimony that: <br />a. During March 22-30, 1993, a complete inspection was conducted by the <br />Divisiuu ai ii~c ivew f+.IK ivillie. ~'As a result of this inspection, the Division <br />issued Notice of Violation C-93-011. <br />b. The Division, during the week of April 5-9, 1993, conducted a complete <br />inspection at the New Elk Mine. As a result of the inspection, the Division <br />issued on .April 9, 1993 eleven new Notices of Violations at the New Elk <br />mine. <br />c. On April 12-16, 1993, a complete inspection was conducted at the New Elk <br />mine. As a result, the Division issued on April 16, 1993 seven new Notices <br />of Violation. <br />d. On October 26, 1993, after the \ssessment Conferences associated with the <br />Notices of Violation issued at the New Elk Mine were held, and after the <br />permittee paid a total of $28,000.00 in civil penalties for the New Elk Mine <br />