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<br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />IN THE MATTER OF: Basin Resources, Inc. ) FINDINGS OF FACT <br />The New Elk Mine ) CONCLUSIONS OF LAW <br />Permit No. C-81-012 ) BOARD ORDER <br />TO: Basin Resources, Inc. and all other persons engaged in or owning or controlling the New <br />Elk Mine coal mining operation located in portions of Sections 13, 14, 21, 22, 23, 24, <br />25, 26, 27, 28, 34, 35 and 36 of Township 33 South, Range 68 West; Sections 1 and 2 <br />of Township 34 South, Range 68 West; Sections 30 and 31 of Township 33 South, Range <br />67 West; and Section 6 of Township 34 South, Range 67 West, all of the 6th P:M., in <br />Las Animas County, Colorado. <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Boazd by <br />C.R.S. 34-33-124, the Boazd hereby makes the following fmdings of fact: <br />1. On November 16, 1994, the Board held a formal public hearing pursuant to Section <br />5.03.5 of the Regulations of the Regulations of the Colorado Mined Land Reclamation <br />Board for Coal Mining. The hearing was held by the Board in order that Basin <br />Resources, Inc. be provided the opportunity to contest the facts of the violation <br />associated with Notice of Violation C-94-020. <br />2. The Division presented evidence and/or testimony that: <br />a. During August 10-12, 1994, the Division conducted a complete inspection of <br />the New Elk Mine. <br />b. As a result of that inspection, Notice of Violation C-94-020 was issued on <br />August 12, 1994, for the permittee's failure to maintain the primary spillway <br />structures at Sedimentation Pond 8 and Sedimentation Pond 7. <br />c. Sedimentation Pond 8 is classified as a Mine Safety and Health Administration <br />(MSHA) certified pond, due to its size. The embartlartent is 29 feet high, <br />from the primary outlet to the top of the dam. The dam is 200 feet to the <br />north of, and above, Highway 12. There was a leak in the vertical primary <br />discharge riser pipe, 8 feet below the inlet. The leak was about 1 GPM or <br />less. Pond water dischazged out of the outlet and traveled about 40 feet <br />