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-~ <br />BAS~1V <br />RESOURCES, ir+c. <br />a subsidiary of ENTECH, Inc. <br />Mr. Randy Price <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=034; Request for Board Hearing <br />Dear Mr. Price: <br />14300 Highway 12 <br />Weston, Colorado 61091 <br />(719)868-2761 <br />Purchasing (719) 868-2768 <br />Fax (719)868-2275 <br />March 6, 1995 <br />Enclosed is the payment for the civil penalty assessed for NOV <br />C-94-034 for the New Elk Mine. With payment of this penalty, Basin <br />is requesting a Mined Land Reclamation Board hearing to ,contest the <br />facts of this violation. <br />This violation was written for "Failure to dispose of non-coal <br />waste in a designated non-coal waste disposal area by failing to <br />dispose of drilling mud in an area designated for disposal". The <br />drilling mud had been deposited in the sedimentation pond which <br />exclusively services the waste pile. Since the drilling mud had a <br />high concentration of water, depositing the fluid on the pile could <br />have caused excessive erosion or saturation on portions of the <br />pile. It is Basin's contention that the liquid would ultimately <br />drain to the sedimentation pond had it been placed on the pile <br />originally. By depositing the fluid directly into the pond, any <br />detrimental effecr_s of the water flowing off th.e pile to the pond. <br />were avoided. The net effect of Basin's actions did not produce <br />any harmful, hazardous, or potentially deleterious effects on any <br />of the systems in place. <br />Please schedule Basin for a review of this NOV by the Mined <br />Land Reclamation Board at the earliest available date. Please Call <br />if you require additional information. <br />Sincerely, <br />Ralph pez <br />Environmental Engineer <br />RECEIVED <br />MAR 10 1995 <br />Division or mmerais a geology <br />