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<br />-z- <br />Notices of Violation, and after all periods for Board and judicial review <br />regarding the New Elk Mine Notices of Violation had passed, the Division <br />reviewed the history of the Notices of Violation and all the circumstances <br />surrounding their issuance. The Division consequently determined that a <br />Pattern of Violations as defined in Section 5.03.3(2) of the Regulations existed <br />at the New Elk Mine during the period of October 1992-October 1993. The <br />sixteen Notices of Violation associated with the Pattern of Violations were <br />C-93-034 to C-93-044 and C-93-058 to C-93-062. <br />e. The Division, on October 26, 1993, further determined that the violations <br />related to the sixteen Notices of Violation issued by the Division were caused <br />by the unwarranted failure to comply with the requirements of the Act, Rules <br />and/or certain permit conditions. As such, the Division recommended to the <br />Administrator that an Order to Show Cause Why The Permit For The New <br />Elk Mine Should Not Be Suspended or Revoked should be issued to Basin <br />Resources, Inc. <br />f. On October 26, 1993, the Administrator concurred with the Division's <br />fmdings, and further determined that no exceptional circumstances existed that <br />would give cause to decline the issuance of a Show Cause Order. <br />g. On October 29, 1993, the Division issued an Order to Basin Resources, Inc. <br />to Show Cause Why The New Elk Mine Permit Should Not Be Suspended or <br />Revoked. <br />h. On November 15, 1993, the Division informed Basin Resources, Inc. that the <br />permittce had been scheduled to appear before the Colorado Mined Land <br />Rechunation Board at the December 15-16, 1993 Board meeting to discuss the <br />matter of the Show Cause Order. <br />i. Pursuant to Rule 5.03.5(3)(c), notice of the hearing was published on <br />•December 1, 1993 in a newspaper of general circulation in the area of the <br />mine site; notice of the hearing was placed in the Division's monthly mailing; <br />and notice of the hearing was posted at least five days prior to the date of the <br />hearing in both the Dcnver, Colorado and Durango, Colorado Division <br />offices. <br />3. Basin Resourczs, Inc. presented evidence and/or testimony that: <br />a. Basin Resources, Inc. is a subsidiary of Entec, Inc. In June of 1991, Entec <br />purchased Wyoming Fuel Company, the previous permittce, from Kansas- <br />Nebraska Energy. <br />b. Tn April of 1992, Wyoming Fuel Company was renamed Basin Resources, <br />inc. <br />