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<br />Ralph Lopez -2- October 20, 1994 <br />Basin Resources, Inc. <br />it could not be done without the gate leaking. I understand that Basin was also unable to correct <br />this problem by the end of the inspection. <br />I believe that Basin Resources is aware of the problem that could arise from ill-maintained <br />spillways, given the enforcement action it received last year at the Golden Eagle Mine for the <br />problem associated with a pond's spillways there. Further, the proxirnity of the MSHA pond to <br />both Colorado State Highway 12 and the I?urgatoire River is such that I believe Basin should <br />diligently inspect and repair all problems associated with any potential impacts to the embank- <br />ment of that pond. I further believe that Basin's failure to ensure the spillways of these two <br />ponds remain structurally sound at all times is a valid reason for issuing this Notice of Violation. <br />Based upon the information presented to me and described in this letter, I hereby deny Basin <br />Resources' request for vacation of NOV C-94-020. <br />Sincerely, <br />Michael B. Long <br />Division Director <br />MBLbjw <br />cc: Joseph J. Dudash <br />Daniel I. Hernandez <br />M:\OSS\BJ W\AffiL <br />