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Page three <br />Basin also contends that the number and complexity of the violations <br />was compounded by the Office of Surface Mining (OSM) oversight inspection <br />and time frame during which most of the NOVs were written. In some <br />cases, NOVs were written by different inspectors for similar items. An <br />example of this is NOV C-93-070 which is for failure to maintain culverts <br />which could have been included into NOV C-93-018. Many of the NOVS were <br />related to design of existing structures which were previously excluded <br />from the permit. An example of this is NOV C-93-15 for failure to submit <br />designs for the river water intake which has been in service since 1976 <br />prior to passage of the mining law. In other cases, changes in the <br />interpretation of the regulations without notification td Basin caused <br />NOVs to be written. An example of this is NOV C-93-013 for failure to <br />maintain signs and markers which exist on the property for many years but <br />now the requirement is such that two adjacent disturbance markers need to <br />be visible from any given point on the boundary. This unorganized method <br />of NOV issuance has caused Basin to expend extensive time and effort to <br />determine appropriate responses which resulted in modification of several <br />NOVs and abatement/termination of all NOVs. <br />Basin contends that this elevated inspection activity and number of <br />NOVS is not the result of the overall compliance level of the operation, <br />but of the new political and enforcement directive of the OSM and the <br />Division as discussed in the following section. <br />3. ANALYSIS OF REGULATORY ENFORCEMENT <br />With the change of the Presidential Administration, increased <br />attention is being given to environmental concerns. In addition, the OSM <br />has recently been under attack from various environmental groups to <br />review the effectiveness of State programs which have been implemented to <br />control pollutant discharges. Particularly in the State of Colorado, <br />this attack has been the result of the Summitville and Mid-Continent mine <br />site environmental degradation and bond forfeiture. The State and <br />Federal Governments are now responsible for these sites which involve <br />multi-million dollar cleanup activities. Because of these two <br />incidences, the entire mining community as well as the Division's coal <br />regulatory program are under scrutiny. As a result, the number of <br />enforcement actions issued by the' Division for the coal program has <br />dramatically increased during 1993. Over the past three years, the <br />Division has issued 38 NOVs in 1991, 42 NOVs in 1992, and 147 NOVs <br />through November 10, 1993. <br />There also appears to be a number of recent changes in <br />interpretation concerning implementation and enforcement of various <br />regulations. Basin has observed the primary change of interpretation in <br />the area of hydrologic design related to control of discharge from roads <br />and small area exemptions. Basin contends that it was not provided <br />adequate notification or opportunity to comply with the changes in these <br />areas o'f compliance prior to enforcement actions. Also as referenced <br />above, past inspections did not identify these as problem areas until the <br />change in enforcement policy. In addition, recent enforcement actions <br />taken by the Division are with the attitude of "guilty until proven <br />