ENFORCE26648

• Permit No: C1981012
• IBM Index Class Name: Enforcement
• Doc Date: 12/20/1993
• Doc Name: ASSESSMENT CONFERENCE BASIN RESOURCES INC NEW ELK MINE PN C-81-012
• From: DMG
• To: SANDY BROWN
• Violation No.: CV1993042
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1317 Sherman $t., Room 215
Denver, CO 80203
Phone: [phone]
FA%: (7031 8328106
Date: December 20, 1993
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Roy Romer
Governor
M~chacl B. LOng
Dwision Direct«
To: Sandy Brown
From: Joe Dudash
Re: Assessment n erence, Basin Resources, Inc.,
New Elk Mine, Permit No. C-81-012
NOV C-93-42 was issued to Basin Resources, Inc. on April 19, 199
to follow the approved hydrologic monitoring plan established for th
contained attachments "1" through "6," listing the omission of data
the conclusion that the monitoring plan was not being followed.
3 for the permittee's failure
e New Elk Mine. The NOV
that formed the basis for
When this NOV came to Assessment Conference on June 18, 1993, the representative from
Basin Resources stated that company personnel familiar with the location of hydrology reports
were no longer employed with the permittee at the time of the April 1993 inspection. The
Basin representative stated that the records regarding the monitoring were at the mine, and
requested that Basin be given an opportunity to provide those records to the Division at a
future date.
It was decided at the Assessment Conference to remove this NOV from the conference to
allow the operator time to submit the missing data and justify its claim that the hydrologic
monitoring plan was in fact being conducted. It was further agreed that if the permittee's
information sufficiently demonstrated that the hydrologic monitoring plan was being appropri-
ately conducted, the Assessment Conference officer would recommend to the Division Director
that the NOV be vacated. However, if the submitted data did not demonstrate that the
monitoring was being appropriately conducted, then NOV C-93-042 would be modified to
remove from the NOV the portions of the monitoring plan that were in compliance. It was also
agreed that if the submitted data was so piecemeal in its content that NOV C-93-042 could not
be modified succinctly, then a new NOV would be written to address the monitoring that was
specifically not conducted, and NOV C-93-042 would be subsequently vacated.
Basin Resources has submitted its missing da
simple modification of NOV C-93-042, rather
subsequent vacation of C-93-042. Following
terminated.
;a. Enough data was provided to allow for a
than issuance of an entirely new NOV and
modification of NOV C-93-042, it was
The Division requests NOV C-93-042 be evaluated in an Assessment Conference as agreed
upon with the permittee in June 1993. The Division believes that the current proposed civil