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<br />-4- <br />A Pattern of Violations as described in Rule 5.03.3(2), did not exist at the New Elk <br />Mine, as: <br />A. The two separate inspections identified in the Division's determination occurred <br />within the same month of April 1993; <br />B. The violations cited in the Division's determination regarding the Pattern of <br />Violations at the New Elk Mine were not of a nature serious enough to pose a risk <br />to either the public health and safety or the environment; and, <br />C. The pertnittee has demonstrated exceptional good faith in not only abating the <br />violations and paying the associated penalties, but in taking the extra steps <br />recommended by the Division to ensure a situation such as presented to the Board <br />would not happen again. <br />In clarification of the rights of affected parties and recipients of Notices of Violations, Cease and <br />Desist Orders and Board Orders, parties are advised to consult the Colorado Surface Coal <br />Mining Reclamation Act and the State Administrative Procedure Act. <br />Nothing herein contained, particularly those portions requiring certain acts to be performed <br />within a certain time, shall be construed as a permit or license to engage in any prospecting or <br />mining operations within the State. <br />Persons concerned with judicial review of the provisions of this order are advised to consult <br />C.R.S. 24-4-106, as amended. <br />~~, <br />Dated this .~ 7 ~ day of ~~~~--4- 9 9 ~ . <br />COLORADO MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br /> <br />m:\coal\newelk.brd <br />