ENFORCE32205

• Permit No: C1981012
• IBM Index Class Name: Enforcement
• Doc Date: 7/13/1995
• Doc Name: FINDINGS OF FACT CONCLUSIONS OF LAW BOARD ORDER
• Violation No.: CV1994034
• Media Type: D
• Archive: No

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STATE OF COLORADO
MINED LAND RECLAMATION BOARD
RECEIVED
JUL 13 X995
Division of Minerals & Geology
IN THE MATTER OF: Basin Resources, Inc. ) FINDINGS OF FACT
The New Elk Mine ) CONCLUSIONS OF LAW
Permit No. C-81-012 ) BOARD ORDER
TO: Basin Resources, Inc., and all other persons engaged in or owning or controlling the New
Elk Mine coal mining operation located in portions of Sections 13, 14, 21, 22, 23, 24,
25, 26, 27, 28, 34, 35 and 36 of Township 33 South, Range 68 West; Sections 1 and 2
of Township 34 South, Range 68 West; Sections 30 and 31 of Township 33 South,
Range 67 West; and Section 6 of Township 34 South, Range 67 West, all of the
6th P.M., in Las Animas County, Colorado.
FINDINGS OF FACT
Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Boazd by
C.R.S. 34-33-124, the Boazd hereby makes the following findings of fact:
On May 25, 1995, the Boazd held a formal public heazing pursuant to Section 5.03.5 of the
Regulations of the Colorado Mined Land Reclamation Boazd for Coal Mining. The hearing
was held by the Boazd in order that Basin Resources, Inc. be provided the opportunity to
contest the facts of the violation associated with Notice of Violation C-94-034.
2. The Division presented evidence and/or testimony that:
a. On November 9, 1994, the Division received a citizen request for an inspection of
Pond 4 at the New Elk Mine. The citizen request for inspection was in a letter
written by Jim Tatum and Associates, dated November 3, 1994. The citizen request
letter stated that a "white foamy substance" had been dumped into Pond 4.
b. At the time of the receipt of the citizen request for inspection letter at the Division,
the Division was already conducting a field inspection of the New Elk Mine.
During that inspection, the Division determined that drilling mud from the explora-
tion and development drilling program at Basin Resources' Golden Eagle Mine had
been placed into Pond 4 at the New Elk Mine. The Division determined at that
time that a review of the New Elk permit would be needed in order to assess the
situation.
c. After an office review of the New Elk permit, the Division determined that a
violation had occurred. On November 22, 1994, NOV C-94-034 was issued. The
natwe of the violation was "failure to dispose of non-coal waste in a designated
non-coal waste disposal azea by failing to dispose of drilling mud in an azea
designated for disposal." The cited regulation was Section 4.11.4 of the Regulations
of the Colorado Mined Land Reclamation Boazd for Coal Mining.