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Michael B. Long <br />-2- September 26, 1994 <br />The Division feels that Basin Resources is aware of the problem that could arise from ill- <br />maintained spillways, given the enforcement action it received last year at the Golden Eagle Mine <br />for the problem associated with a pond's spillways these. Further, the proximity of the MSHA <br />pond to both Colo-ado State Highway 12 and the 1?urgatoire River is such that the operator <br />should diligently inspect and repair all problems associated with any potential impacts to the <br />embankment of that pond. The Division feels that the pcnnittee's failure to ensure the spillways <br />of these two ponds remain structurally sound is valid reason for issuing this Notice of Violation. <br />The Coal Staff recommends denial of the pennittee's request for vacation of NOV C-94-020. <br />SJM/bjw <br />M:\OSS\H1K'\DIFI <br />