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STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />IN THE MATTER OF: <br />Basin Resourczs, Inc. ) <br />The Golden Eagle Mine ) <br />Permit No. C-81-013 ) <br />FINDINGS OF FACT <br />CONCLUSIONS OF LAW <br />TO: Basin Resources, Inc., and all other persons engaged in or owning or controlling the Golden <br />Eagle Mine coal mining operation located in portions of Sections 15, 16, 17, I8, 19, 20, 21 and <br />22 of Township 33 South, Range 67 West; projected Sections 27, 28, 29, 30, 31, 32, 33 and <br />34 of Township 33 South, Range 67 West; and projected Sections 3 and 4 of Township 34 <br />South, Range 67 West. <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by C.R.S. <br />34-33-124(4), the Board hereby makes the following findings of fact: <br />1. On December 16, 1993, the Board held a formal public hearing pursuant to Section 5.03.5 of <br />the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining. The hearing <br />was held in order that Basin Resources, Inc. be given the opportunity to show cause why the <br />permit for the Golden Eagle Mine should not be suspended or revoked. <br />2. The Division presented evidence and/or testimony that: <br />a. On March 22-30, 1993, a complete inspection was conducted at Basin Resources, <br />Inc.'s Golden Eagle Mine (Permit No. C-81-013). As a result of that inspection, the <br />Division issued o~ M~^rh 30, 1993 seven Notices of Violation and one Cessation Order <br />to the permittee at the Golden Eagle Mine. <br />b. On October 26, 2993, after all the Assessment Conferences associated with the <br />Cessation Order and the Notices of Violation issued at the Golden Eagle Mine were <br />held, and after the permittee paid a total of $14,450.00 in civil penalties for the Golden <br />Eagle Mine Cessation Order and Notices of Violation, and after all periods for Board <br />and judicial review regarding the Golden Eagle Mine enforcement actions had passed, <br />the Division reviewed the history of the Cessation Order and the Notices of Violation <br />and all the circumstances surrounding their issuance. The Division consequently <br />determined that a Pattern of Violations as defined in Section 5.03.3(2) of the <br />Regulations existed at the Golden Eagle Mine doting the period of October 1992- <br />October 1993. The ten Notices of Violation and one Cessation Order associated with <br />the Pattern of Vita+~~'ns were Cessation Otder No. CO-93-012 and Notices of <br />Violation Nos. C-93-013 to C-93-019, C-93-069, C-93-070, and C-93-115. <br />