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-3- <br />c. A Pattern of Violations did not exist at the New Ells Mine during the time the <br />Notices of Violation were issued, as the NOVs, although issued as a result of <br />two different inspections conducted on Apri15-9, 1993 and April 12-16, 1993, <br />were issued during the same month, rather than in separate months as Rule <br />5.03.3(2)(a) describes. <br />d. The violations cited in the sixteen Notices of Violation were not the result of <br />the permittee's unwarranted failure to comply, but rather the result of a <br />change in the Division's compliance requirements for 1993. Examples of this <br />were: <br />i. Basin Renounces received only one NOV in 1991, and only one NOV <br />in 1992; <br />ii. Basin Resources received no NOVs as a result of a complete <br />inspection held in December 1992; <br />iii. Basin Resources received no NOVs as a result of partial inspections <br />conducted in January and Febnuary of 1993; <br />iv. Five of the NOVs issued to Basin Resources in March and April of <br />1993 were for problems that had existed during the January and <br />February 1993 partial inspections, but weren't cited until the April <br />1993 inspection at the New Elk Mine. <br />e. The permittee has demonstrated exceptional good faith in addressing and <br />correcting all the violations associated with all the NOVs listed in the Pattern <br />of Violations at both mines, and as such, has demonstrated that an un- <br />warranted failure to comply on the part of the operator doesn't exist. Further, <br />the permittee has paid all required civil penalties, has hired a new <br />Professional Engineer to be in charge of environmental compliance at both <br />mines, has retained an environmental consulting fum to assist in ensuring <br />compliance with the State permits, Rules, and Law, and has developed an <br />internal Environmental Compliance Plan that will ensure adherence to the <br />required monitoring, data gathering and analysis, and reporting requirements <br />set forth as conditions of the mine permit, and as required under the Rules <br />and Law. Finally, the permittee will be internally audited for environmental <br />compliance by personnel from its parent company, and has developed a <br />committee comprised of local government and business representatives that <br />will meet quarterly to report to the local community the status of the <br />permittee's environmental compliance at both mines. <br />CONCLUSIONS OF LAV/ <br />Based upon the foregoing Findings of Fact and pursuant to C.R.S. 34-33-124(4), the Board <br />hereby concludes that: <br />