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-3- ii. Basin Resources received no NOVs as a result of complete inspections held in December 1992; iii. Basin Resources received no NOVs as a result of partial inspections conducted in January and Febmary of 1993; iv. Eight of the NOVs issued were for problems that had existed during the January and Febnrary partial inspections, but were not cited until the March 1993 inspection and the April 1993 partial inspection. e. The permittee has demonstrated exceptional good faith in addressing and correcting all the violations associated with all the NOVs listed in the Pattern of Violations at both mines and, as such, demonstrated that an unwarranted failure to comply on the part of the operator does not exist. Further, the permittee has paid all required civil penalties; has hired a new Professional Pngineer to be in charge of environmental compliance; has retained an environmental consulting fum to assist in ensuring compliance with the State permits, Rules, and Law; and has developed an internal Environmental Compli- ance Plan that will ensure adherence to the required monitoring, data gathering and analysis, and reporting requirements set forth as conditions to the mine permit, and as required under the Rules and Law. 4. Mr. Robert F.T. K.rassa, representing Raton West-Baldwin Limited Development, presented evidence and/or testimony regarding concerns that certain NOVs in the Golden Eagle Pattern of Violations had not been abated, that an NOV issued for an exploration drilling violation at the Golden Eagle Mine should be included in the Pattern, that certain proposed Federal regula- tions regarding subsidence might Gave a bearing on whether the operator had fully complied with all required regulations, that the petmittee was out of compliance with local building permit regulations, that additional structures exist within the mine permit boundary that have not been fully inventoried, and that the permittee's files are incomplete and, as such, prevent the public from fully determining We areal extent of surface subsidence effects. CONCLUSIONS OF LAW Based upon the foregoing Findings of Fact and pursuant to C.R.S. 34-33-124(4), the Board hereby concludes that: Because the evidence and/or testimony provided by Mr. Robert F.T. Krassa on behalf of Raton West-Baldwin Limited Development was not pertinent to the violations cited in the Show Cause Order, it did not bear upon the Board's determination of whether a Pattern of Violations existed at the Golden Eagle Mine, whether the violations were caused by an unwarranted failure to comply on the part of the permittee, and whether the permit for the Golden Eagle Mine should be suspended or revoked. 2. A Pattern of Violations as described in Rule 5.03.3(2) did exist at the Golden Eagle Mine.