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1) Require Basin Resources to show cause as to why the <br />reclamation bond should not be raised in order to protect the <br />value of surface improvements sad water supplies. Reclamation <br />bonds are intended to be utilized by the Division as a means by <br />which the State could accomplish site reclamation in the event <br />that the permittee has abandoned the operation ( 34-33-113). <br />The bond amount is predicated by the estimation of the completion <br />of site reclamation by the State at that point in time when the <br />site is in a state of planned maximum disturbance as allowed <br />under the permit. The reclamation bond is not intended to ensure <br />the continued value of surface structures or water supplies. <br />However, the Act at 34-33-121 (2)(a) requires an operator to <br />adapt such measures as necessary, within certain constraints, to <br />protect surface structures from material damage resulting from <br />subsidence. This standard must be maintained by all underground <br />operations. <br />2) Require Basin resources to show cause as to why the Golden <br />Eagle permit should not be revoked. The Division may issue a <br />permittee an order to show cause as to why their permit should <br />not be suspended, modified or revoked. The Act at 34-33-123(7) <br />requires that the Division issue such an order after the Division <br />has determined that a pattern of violations exists, and that such <br />violations resulted in an unwarranted failure to comply on the <br />part of the permittee. The Division has not issued violations to <br />Basin Resources violations related to subsidence at the Golden <br />Eagle mine. Therefore, it would be premature for a determination <br />that a pattern of violation exists, and that the pattern is a <br />result of an unwarranted failure to comply. When and if <br />enforcement actions are issued, we will evaluate whether a <br />pattern of violations exists. If a pattern of violations does <br />exist, we will initiate a Show Cause proceeding. As an aside, <br />the Division has recently issued to Basin Resources numerous <br />violations which are unrelated to the issues which you have <br />raised. After these violations have proceeded through the <br />administrative process, we will evaluate whether a pattern of <br />violations existed at the site at the time of their issuance. If <br />a Show Cause hearing is scheduled, we would anticipate that it <br />would be held at the July, 1993 mined Land Reclamation Board <br />meeting. <br />3) Coaveae a formal review by the Board pursuant to 34-33-124. <br />The formal hearing which you have requested pursuant to 34-33-124 <br />are held at the request of the operator or an aggrieved party in <br />relation to the issuance of an enforcement action or a Show Cause <br />Order. The Division has not yet issued enforcement action or a <br />Show Cause Order to Basin Resources for the issues which you have <br />raised. Therefore, it would be premature for the Board to hold <br />such a hearing. The Division will take make sure to provide you <br />with copies of any enforcement actions taken in response to the <br />issues which you have raised. You will also be notified if these <br />enforcement actions lead to a Show Cause Order. It would be <br />appropriate to request a hearing at either of these two stages. <br />