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-z- <br />c. On October 26, 1993, the Administrator concurred with the Division's fmdings, and <br />further determined that no exceptional circumstances existed that would give cause to <br />decline the issuance of a Show Cause Order. <br />d. On October 29, 1993, the Division issued an order to Basin Resources, Inc. to Show <br />Cause Why The Golden Eagle Mine Permit Should Not Be Suspended or Revoked. <br />e. On November 15, 1993, the Division informed Basin Resources, Inc. that the permittce <br />had been scheduled to appear before the Colorado Mined Land Reclamation Board at <br />the December 15-16, 1993 Board meeting to discuss the matter of the Show Cause <br />Order. <br />f. Pursuant to Rule 5.03.5(3)(c), notice of the hearing was published on December 1, <br />1993 in a newspaper of general circulation in the area of the mine site; notice of the <br />hearing was phtced in the Division's monthly mailing; and notice of the hearing was <br />posted at least five days prior to the date of the hearing in boll[ the Denver, Colorado, <br />and Durango, Colorado, offices. <br />3. Basin Resources, Inc. presented evidence and/or testimony that: <br />a. Basin Resources, Inc. is a subsidiary of Enter, Inc. In June of 1991, Enter purchased <br />Wyoming Fuel Company, the previous petmittee, from Kansas-Nebraska Energy. <br />b. In April of 1992, Wyoming Fuel Company was renamed Basin Resources, Inc. <br />c. A Pattern of Violations did not exist at the Golden Eagle Mine during the time the <br />Notices of Violation were issued, in that: <br />i. The Cessation Order and eight of the Notices of Violation listed in the Pattern <br />of Violations were all issued in March of 1993; <br />ii. Only two of the Notices of Violation were issued in April 1993, and were <br />issued within a time period of just over a month fmm the March 1993 <br />inspection; <br />iii. The remaining NOV, issued in August of 1993, cited violations that occurred <br />in 1988 and 1989 that were the result of the previous permittee's failure to <br />comply, but were not cited by the Division until much later and, as such, <br />should not be considered a part of the current pervrittee's Pattern of <br />Violations. <br />d. The violations cited in the Cessation Order and ten Notices of Violation that comprised <br />the Pattern of Violations were not the result of the permittee's unwarranted failure to <br />comply, but rather the result of a change in [he Division's compliance requirements for <br />1993. Examples of this were: <br />i. Basin Resources received only one NOV in 1991, and only one NOV in 1992; <br />