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iiiiiiiiiiuiiu iii <br />999 <br />-~ <br />BASIN <br />RESOURCES, rN~. <br />a subsidiary of ENTECH, Inc. <br />Ms. Susan McCannon <br />Colorado Division of Minerals and Geology <br />1313 Sherman, Room 215 <br />Denver, CO 80203 <br />14300 Highway 12 <br />~ECEIVFnn, C~~1rs> esa-z~s~ <br />Purchasing (719) 868-2768 <br />MAY 0 ~ iggyFax (71s> f3sa-227s <br />Division or mrnera~s a ~euioyy <br />May 3, 1995 <br />RE: New Elk Mine; Permit C-81-012 <br />Request for Re-Hearing - NOV C-94-034 <br />Dear Ms. McCannon: <br />Basin Resources is requesting a re-hearing on NOV C-94-034. <br />There appears to be a misunderstanding between Basin and the <br />Division as to the classification of the drilling fluids as non- <br />coal waste and therefore the proper disposal locations available. <br />This misunderstanding became evident during the hearing after <br />Mr. Dudash presented his map with approved non-coal waste disposal <br />locations. Two of the areas identified on the map are areas <br />designated as Non-Coal Storage areas. The only waste disposal <br />areas at the New Elk Mine are the West Portal Non-Coal Waste site, <br />the RDA, and the Development Waste Pile. It has been Basin's <br />understanding all through this NOV incident that the approved <br />location for the drilling muds was the Development Waste Pile. At <br />no time during the process, did the Division specify that the <br />development waste pile was not an accepted disposal site for this <br />type of material. With this in mind, Basin's contention that pond <br />004 is an extension of the Development Waste Pile was the basis for <br />disputing the NOV. Basin feels that the Divisions assessment of <br />approved disposal locations is in error and therefore the matter <br />should be clarified. <br />Please consider our request. Basin would like to resolve this <br />matter so as to prevent future misunderstandings. Please call if <br />you have any questions. <br />Sincerely, <br />alph Lop <br />Environmental Engineer <br />