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III IIIIIIIIIIIIIIII <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman $r., Room 215 <br />Denver, CO 80207 <br />Phone. 130 31 866-3 567 <br />FA%: (30318]28106 <br />December 10, 1993 <br />Mr. Ralph Lopez <br />Environmental Engineer <br />Basin Resources, Inc. <br />14300 Highway 12 <br />Weston, CO 81091 <br />Re: Request for Vacation, NOV C-93-011 <br />Basin Resources, Inc., New Elk Mine, Permit No. C-81-012 <br />Dear Mr. Lopez: <br />of rote <br />~.~i <br />~~ <br />• re~ <br />Roy Romer <br />Governor <br />Michael B. Lonp <br />Division Dvecmr <br />In response to Basin Resources' request to vacate NOV C-93-011, received at the Division on <br />November 3, 1993, on the grounds that this NOV was duplicated by Federal NOV <br />93-020-352-003, it was discovered that the State NOV and the Federal NOV are no the same. <br />The Federal NOV concerns four sedimentation ponds, whereas the State NOV dealt with five <br />sedimentation ponds. Therefore, I believe it would be inappropriate to vacate NOV C-93-011, <br />and hereby deny your request. <br />However, the Division has requested the assessment conference officer to reevaluate the <br />original settlement agreement for NOV C-93-011. The reevaluation would take into account <br />the fact that enforcement action was duplicated by the Federal NOV for four of the five ponds <br />listed in NOV C-93-011. <br />If you have any questions, please call Joe Dudash of the Division. <br />Sincerely, <br />Michael B. Long <br />Director <br />MBL/bjw <br />cc: Joe Dudash, DMG <br />Dan Hernandez, DMG <br />m:lossl6jw\mbl <br />