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e x~~r~~r c IIIIIIIIIIIIIIIIIII 999 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman 51., Room 215 Denver, CO 80203 Phone: 1303) 866-3567 FA%:1303) 832-8106 DATE: October 26, 1993 TO: Michael B. Long, Division Director FROM: Steven G. Renner, Coal Program Supervisor RE: Pattern of Violations, Basin Resources, Inc. The New Elk Mine, Permit No. C-81-012 OF'~~lO ,~~4 Nom/ ~~ Ig]6 Noy ROmer Governor Michael N. Long Division Director The Division has determined that a Pattern of Violations as defined in Rule 5.03.3(2)(a) has existed at the New Elk Mine in Las Animas County. Sixteen Notices of Violation have been issued to Basin Resources, Inc., within the last twelve months. These Notices of Violation were issued as the result of inspections conducted on April 5, 1993 and April 12, 1993. All sixteen Notices of Violation have been upheld in an Assessment Conference, with the permittee paying a total of $28,000.00 in civil penalties. All appeal periods have passed, with no appeals having been filed by the permittee. Nine of the sixteen violations were issued for violations of the Performance Standards related to the protection of the hydrologic balance. These nine Notices of Violations are: 1. NOV C-93-035 - Issued for the permittee's failure to maintain 32 culverts and 2 drop inlets (4/5/93 inspection). 2. NOV C-93-036 - Issued for the permittee's failure to maintain or install 38 required ditches and one required berm (4/5/93 inspection). 3. NOV C-93-037 - Issued for the permittee's failure to obtain approval from the Division prior the installation of three culverts, three ditches, one water discharge point into a sediment control ditch, one water discharge point into the Purgatoire River, one water discharge pump from the Purgatoire River into the processing plant thickener tank, three topsoil piles, and one road (4/5/93 inspection).