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III IIIIIIIIIIIIIIII <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of Natural Resources <br />131 J Sherman 51., Room 215 <br />Denver, Colorado 80207 <br />Phone: 130]1 866~J567 <br />FA%:13071 8 7 28106 <br />Date: September 26, 1994 <br />To: Michael B. Long, Division Director <br />From: Susan J. McCannon, Coal Program Supervisor <br />Re: Rewmmendation to Deny Request for Vacation of NOV C-94-020 <br />II~~~ <br />DEPARTMEI~rI' OI <br />NATURAI <br />RESOURCE' <br />Roy Romer <br />Governor <br />lames 5. lochhwd <br />Executive Director <br />Michael 8 long <br />Diviaon Diredo~ <br />On August 12, 1994, the Division issued NOV C-94-020 to Basin Resources for the pertnittce's <br />failure to maintain the principal spillways of two ponds constructed at the New Elk Mine. Both <br />of these spillways were leaking at the time of the inspection, and the operator was unable to <br />repair the leaks prior to the conclusion of the Division's inspection that began on August 10, <br />1994, and ended on August 12. The Division received the request for vacation on September 12, <br />1994. <br />Basin has had previous experience with leaking principal pond spillways. During 1993, at the <br />Golden Eagle Mine, Basin Resources was cited for discharging "black" water from one of its <br />sediment ponds. When the permittee attempted to close the gate on the dewatering device, <br />drainage continued to leak past the gate. Subsequent investigations by the petmittee indicated <br />that the spillway culvert had a crack in it, and Basin had to excavate the culvert to repair the <br />crack. <br />During the week immediately preceding the August 1994 oversight inspection, the New Elk Mine <br />received a rainfall event large enough that Pond 008, the MSHA impoundment situated below the <br />refuse pile and immediately adjacent to State Highway 12, was filled to within a foot of the <br />primary spillway inlet. <br />At the time of the August 10-12 inspection, OSM and DMG inspectors observed that a leaking <br />horizontal seam in the vertical riser of the primary spillway was allowing water to flow from the <br />pond into the spillway and then to discharge. The level of the leak in the riser was <br />approximately seven to eight feet below the level of the water in the pond. The pemtittee was <br />unable to repair the spillway leak by the end of the State's inspection. <br />Additionally, at Pond 007, the permittee opened a closed gate on that pond's dewatering device <br />during the oversight inspection. When the permittee attempted to close the gate, the permittce <br />could not do so without the gate leaking. The permittce was also unable to correct this problem <br />by the end of the inspection. <br />