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<br />Page four <br />dramatically increased during 1993. Over the past three years, the <br />Division has issued 38 NOVS in 1991, 42 NOVS in 1992, and 147 NOVs <br />through November 10, 1993. <br />There also appears to be a number of recent changes in <br />interpretation concerning implementation and enforcement of various <br />regulations. Basin has observed the primary change of interpretation in <br />the area of hydrologic design related to control of discharge from roads <br />and small area exemptions. Basin contends that it was not provided <br />adequate notification or opportunity to comply with the changes in these <br />areas of compliance prior to enforcement actions. Also as referenced <br />above, past inspections did not identify these as problem areas until the <br />change in enforcement policy. In addition, recent enforcement actions <br />taken by the Division are with the ati:iLude of "guilty untll pruveri <br />innocent". This attitude seems to be the result of the OSM attack on the <br />Division for failure to enforce the State Coal Program. <br />4. BASIN'S COMPLIANCE ACTIVITIES <br />Over the past three years, Basin has provided an appropriate level <br />of facilities maintenance to respond to the regulatory requirements. <br />These levels were in direct response to discussions with Division <br />Inspectors and Basin's interpretation of how the regulations were being <br />enforced by the Division. The time and expense for these activities over <br />the past three years includes both internal and external labor forces. <br />As tasks were identified to be completed, internal staff were utilized to <br />complete the activities. In an overload condition, contract labor was <br />utilized to complete the necessary activities. Staffing levels of Basin <br />for the last three years in relation to coal production is provided on <br />the attached table. Contract labor for the last three years totalled <br />$95,000 for 1991, $39,000 for 1992, and $237,000 for 1993 to date. An <br />additional $235,000 is currently under contract for regulatory compliance <br />to be completed over the next several months. <br />Basin has fulfilled the promises extended to the Division in May <br />1993 for increased regulatory compliance. This has been accomplished by <br />an increase s.n ±he environmental engi:reering staff and design and <br />maintenance of facilities. Mr. Ralph Lopez was hired in August 1993 and <br />additional contractor support has also been utilized as referenced in the <br />above expenditures. <br />5. PLAN FOR REGULATORY COMPLIANCE <br />Basin is in the process of developing a formalized plan to ensure <br />regulatory compliance. The components of this plan are described in the <br />paragraphs below. <br />Regulatory Compliance Training - Basin is in the process of providing a <br />training program for the operations personnel managing various aspects of <br />the mining and surface facilities operations. The purpose of this <br />training is to establish regulatory compliance awareness for their <br />respective operations. This training will provide the basis to assist in <br />