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<br />-2- <br />4. C-93-017 - Issued for the permittee's failure to maintain two <br /> sediment ponds and four small area exemptions (3/23/93 <br /> inspecti on). <br />5. C-93-018 - Issued for the permittee's failure to maintain 12 <br /> ditches and four c ulverts (3/23/93 inspection). <br />6. C-93-069 - Issued for the permittee's failure to maintain one <br /> sediment pond and five ditches (4/27/93 inspection). <br />7. C-93-070 - Issued for the permittee's failure to install four <br /> required culverts (4/27/93 inspection). <br />In addition to these six NOVS and one Cessation Order, four other NOVs <br />were written for the permittee's failure to comply with various non- <br />related Performance Standards. These four other Notices of Violation <br />are: <br />8. NOV C-93-013 - Issued for the permittee's failure to display <br />proper mine identification signs, surface disturbance perimeter <br />markers and stream buffer zone markers (3/23/93 inspection). <br />9. NOV C-93-016 - Issued for the permittee's failure to prevent <br />impacts to areas unapproved for disturbance, and for failure to <br />properly dispose of non-coal waste (3/23/93 inspection). <br />10. NOV C-93-019 - Issued for the permittee's failure to protect two <br />topsoil stockpiles from being grazed (3/23/93 inspection). <br />11. NOV C-93-115 - Issued for the permittee's failure to provide at <br />least six months notice to "persons," as described in Rule <br />4.20.2, prior to mining beneath said person's property or <br />residence (8/13/93 records inspection). <br />The Division believes that these ten Notices of Violation and one <br />Imminent Harm Cessation Order do not represent isolated departures <br />from lawful conduct, but rather a broad, overall lack of concern with <br />regulatory compliance by the permittee. <br />The Division further believes these violations were caused by the <br />unwarranted failure of the permittee to comply with the requirements <br />of the Act, Rules and permit conditions. Therefore, I recommend that <br />you concur with the staff determination that a Pattern of Violations <br />exists at this mine. <br />Should you concur, I am prepared to issue to Basin Resources, Inc. an <br />order to show cause why the permit for the Golden Eagle Mine should <br />not be suspended or revoked. The Division does not believe that any <br />exceptional circumstances exist that would provide a basis for deeming <br />the issuance of such an order as demonstrably unjust. <br />M:\OSS\SCM\NEWELK2.DIH <br />