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iii iiiiiiiiniu iii <br />999 <br /> <br /> ` <br /> <br />;: <br />~ ~ <br />. <br />, ,f <br />,.. <br />~ .r r ~ . <br />, , <br />BAVI~ <br />RESOURCES, ~. <br />a subsidiary of ENTECH, Inc. <br />Ms. Susan McCannon <br />Colorado Division of Minerals 'and Geology <br />1313 Sherman, Room .215 <br />Denver, CO 80203 <br />Division or mmera~s a ueuiuyy <br />May 3, 1995 <br />RE: .New Elk Mine; Permit C-81-U12 <br />Request for Re-Hearing - NOV C-94-034 <br />Dear Ms. McCannon: <br />Basin Resources is requesting a re-hearing on NOV C-94-034. <br />There appears to .be a misunderstanding between Basin and the <br />Division as to the classification of the drilling fluids as non- <br />coal waste and therefore the proper disposal locations available. <br />This misunderstanding became evident during the hearing after <br />Mr. Dudash presented his. map. with approved non-coal waste disposal <br />locations. Two of the. areas identified on the. map are areas <br />designated as Non-Coa1:.StoraQe areas. The only waste disposal <br />areas at the New E1k.Mine are the West Portal Non-Coal Waste site, <br />the RDA, and the Development Waste Pile. It has been Basin's <br />understanding all through this NOV incident that the approved <br />location for the drilling muds was the Development Waste Pile. At <br />no' time during the process, did the Division specify that the <br />development waste .pile was not an accepted disposal site for this <br />type of material. With this in mind, Basin's contention that pond <br />004 is an extension of the Development Waste Pile was the basis for <br />disputing the NOV. Basin feels that the Divisions assessment of <br />approved disposal locations is, in error and therefore the matter <br />should be clarified. <br />Please consider our request. Basin would like to resolve this <br />matter so as to prevent future misunderstandings. Please call if <br />you have any questions- <br />Sincerely, <br />alph Lop <br />Environmental Engineer <br />_ ,:; <br />~.; ' 1 . <br />7 ~ ' ~'143bb'Hjgllu(lay'12 ^'. <br />' Weston, Coloradcj . 81091: _ . <br />' ` :RECEIVED ' 1:7rg) ass-zis~ ,,: <br />Purchasing (719) 868-2768 <br />MAY O R '199,5Fax (7~9> ass-zz7s <br />