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~E(~r11~r <br />i~ <br />BASIN <br />RESOURCES, ~N~. <br />a subsidiary of ENTECH, Inc. <br />Mr. Michael Long <br />Colorado Division of Minerals and Geology <br />1313 Sherman, Room 215 <br />Denver, CO 80203 <br />RE: New Elk Mine; Permit C-81-012 <br />NOV C-94-20 <br />Dear Mr. Long: <br />iiiiiiiiiiniiiiii <br />14JVV rnyhWay 12 <br />Weston, Colorado 81091 <br />(719)868-2761 <br />Purchasing (719) 868-2768 <br />Fax (719)868-2275 <br />September 8, 1994 <br />During the complete inspection of the New Elk Mine held during <br />August 10 through 12, NOV C-94-020 was issued. This NOV was <br />written for failure to maintain pond primary spillway structures. <br />Basin Resources is requesting vacation of this NOV. Hasin <br />Resources would like for you take the following information into <br />consideration concerning this notice of violation. <br />Events SurroundincT the Problems Cited in the NOV <br />On August 3, a storm event occurred which was greater than a <br />10 year/24 hour precipitation event, exceeding 2.9" of <br />precipitation for the entire 24-hour period. A total of 2.99" of <br />rain fell during this event, of which 2.65" fell during an intense <br />4 hour period. Pond levels increased due to the excess run-off. <br />NOV C-94-020: Failure to Maintain Pond Primary Spillway <br />Structures. <br />The extent of actual or potential damage caused by this NOV is <br />extremely low. The primary spillway for pond 008 had a leaking <br />riser. This riser has never leaked prior to the major storm event <br />because the water level in the pond has never been up to that <br />height. The increased water elevation was caused by the major <br />storm. The amount of water leaking is minimal. The water is <br />absorbed into the ground prior to reaching the CDPS sampling <br />location. In other words, there was no regulated discharge. The <br />small leak could cause no actual structural or potential damage to <br />the dam embankment or pond structure. <br />SEP 12 1994 <br />D;vision of n:w~,,, - - <br />