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w -3- 13. NOV C-93-043 - issued for the permittee's failure to possess the proper certifications for certain haul roads, the refuse disposal pile, the underground development waste pile, and four maps (4/5/93 inspection). 14. NOV C-93-060 - Issued for the permittee's failure to follow the approved mine plan by (1) failing to construct and maintain the Refuse Disposal. Pile in the approved manner, (2) failing to construct the underdrains and underdrain fabric in the approved manner, {3) failing to divert the surface runoff from the fill surface to stabilized channels off the fill, and (4) failing to compact the coal refuse (4/12/93 inspection). 15. NOV C-93-062 - Issued for the permittee's failure to design, construct and maintain five light use roads and five access roads, and for failure to obtain approval for the decommissioning of several haul roads prior to their being covered over with coal stockpiles (4/12/93 inspection). 16. NOV C-93-063 - Issued for the permittee's failure to store coal in approved areas, as coal stockpiles had grown larger than approved (4/12/93 inspection). The Division believes that these sixteen violations do not represent isolated departures from lawful conduct, but rather a broad, overall lack of concern with regulatory compliance by the permittee. The Division further believes these violations were caused by the unwarranted failure of the permittee to comply with the require- ments of the Act, Rules and permit conditions. Therefore, I recommend that you concur with the staff determination that a Pattern of Violations exists at this site. Should you concur, I am prepared to issue to Basin Resources, Inc. an order to show cause why the permit for the New Elk Mine should not be suspended or revoked. The Division does not believe that any exceptional circumstances exist that would provide a basis for deeming the issuance of such an order as demonstrably unjust. M:\OSS\SCM\NEWELK.DIH