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Mr. Jim Tatum -2- November 21, 1994 <br />New Elk and Golden Eagle Mines for evidence of similar activity and found none. David Knope <br />from the Water Quality Control Division of the Colorado Department of Public Health and the <br />Environment also conducted an inspection of Sedimentation Pond 004 at- the same time as our <br />inspection. <br />Placement of drilling mud into Sedimentation Pond 004 is not an activity currently approved in <br />the existing permit issued by our Division to Basin. As such, the Division will issue Notice of <br />Violation No. C-94-034 to Basin Resoumxs for this unapproved activity. <br />Concerns with possible violations of CPDS permits should be directed to David Knope or Pat <br />Nelson at the Colorado Department of Public Health and the Environment. <br />Per your request, we have enclosed a copy of the Air Emission permits issued to Basin by the <br />Air Pollution Control Division. We reviewed the DMG permit issued to Basin for the New Elk <br />Mine for a description of the composition of the strata within which Sedimentation Pond 004 is <br />constructed. While this information does not exist in the permit, designs of the pond's <br />construction do. The designs do not reflect the existence of a liner in Sedimentation Pond 004. <br />We have provided a copy of these designs for your benefit. <br />Thank you for bringing your concerns to our attention. Since we were on site at the time we <br />received your letter, the inspection was conducted without an opportunity for you to participate in <br />accordance with Rule 5.02.5(3). if you wish to accompany us during an inspection in the future, <br />please let us know. <br />Please feel free to contact us if we can be of any further assistance. <br />Sincerely, <br />~~~~ ~ <br />Daniel I. Hernandez ti~ <br />Senior Environmental Protection Specialist <br />DIH/bjw <br />F~closures (3) <br />cc: Joseph J. Dudash, DMG <br />Susan J. McCannon, DMG <br />Patricia A. Nelson, WQCD <br />Gary Newell, APCD <br />Ralph Lopez, Basin Resources, Inc. <br />