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Paqe two <br />6. Basin has and will continue to promote environmental and regulatory <br />compliance. This commitment is even stronger with the recent <br />acquisition of a long term coal contract. Any actions against the <br />permit may jeopardize this contract and the overall employment and <br />economy of Las Animas County. <br />1. VIOLATION TERMINATION <br />As of this date, Basin has abated and terminated fourteen of the <br />sixteen referenced NOVs. Technical Revisions to the permit have been <br />submitted for the other two NOVs which are in the approval process. Upon <br />approval, on-the-ground activities will be completed at which time the <br />NOVs can be terminated. The number and complexity of the NOVs has <br />required significant r~ian p~war and axpenditure °c.- abatement activities <br />which are discussed below. <br />2. ANALYSIS OF COMPLIANCE HISTORY <br />For the period of March 1990 through March 1993 (previous three <br />years), the following three NOVs were issued at the New Elk Mine with one <br />of these being vacated by the Division: <br />Violation No. C-90-025 was issued on May 31, 1990 for failure to <br />submit an annual certification for an MSHA-sized impoundment. The <br />violation was terminated on July 27, 1990 following submission of <br />the proper certification. <br />Violation No. C-91-014 was issued on August 12, 1991 for failure to <br />properly design and construct sedimentation ponds. This violation <br />was later vacated by the Division. <br />violation No. C-91-028 was issued on December 11, 1991 for failure <br />to properly design and construct sedimentation ponds. Designs were <br />submitted to the Aivision and the violation was terminated on <br />February 16, 1993. <br />As noted, the iiew Elk Mine compliance hisi.ory i~ less than one NOV <br />per operating year. During this same period of time, the Division <br />conducted regular monthly partial inspections and quarterly complete <br />inspections. The regular inspection typically included one inspection <br />day and the quarterly inspection one to three days. It was uncommon for <br />an inspector to be accompanied by another inspector or his Senior except <br />for the purpose of training. The total inspector days for the last three <br />years were 26 in 1991, 14 in 1992, and 52 in 1993 (January through <br />November). Throughout this period, Basin was in compliance with the <br />regulatory program. This contention is also supported by the fact that <br />the Golden Eagle Mine was presented the 1991 Large Underground Mine Award <br />for compliance by the Division and the Colorado Mining Association. <br />