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<br />Basin Resources' plan was to allow the water in the pond to evaporate and, then, remove the <br />solid portion of the drilling mud and place it on the development waste pile. Pond 4 has <br />never dischazged. The pond has the capacity to contain 2.5 times the runoff from a 25-yeaz <br />event, plus three years of sediment accumulation. <br />Basin Resources contends that the practice of putting drilling mud into Pond 4 has been going <br />on for several years. <br />CONCLUSIONS OF LAW <br />Based upon the foregoing Findings of Fact and pursuant to C.R.S. 34-33-]24(1), the Boazd hereby <br />concludes that: <br />1. It is an open question as to whether drilling mud should be classified as a non-coal waste or <br />as development waste. <br />2. If drilling mud is classified as development waste, then Basin Resources had reason to believe that <br />drilling mud could be placed onto the development waste pile. <br />3. Because the drilling mud was mostly water, Basin Resources felt that it was acting prudently in <br />placing the drilling mud directly into Pond 4, avoiding the problems associated with putting it onto <br />the pile. <br />BOARD ORDER <br />Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to C.R.S. <br />34-33-124(2), the Boazd hereby orders: <br />1. Notice of Violation C-94-034 be vacated. <br />In clarification of the rights of affected parties and recipients of Notices of Violation, Cease and Desist <br />Orders and Boazd Orders, parties aze advised to consult the Colorado Surface Coal Mining Reclamation <br />Act and the State Administrative Procedure Act. <br />Persons concerned with judicial review of the provisions of this order are advised to consult C.R.S. <br />24-4-106, as amended. <br />Dated this ~ day of <br />COLORADO MINED LAND RECLAMATION OARD <br />DEPARTMENT OF NATURAL RESOURCES <br />