2013-12-09_REVISION - C1982056 ‎(2)‎

• Permit No: C1982056
• IBM Index Class Name: Revision
• Doc Date: 12/9/2013
• Doc Name: Email Regarding Renewal Application
• From: DRMS
• To: Mitzelfeld William
• Type & Sequence: RN6
• Email Name: JDM
• Email Name: DIH
• Media Type: D
• Archive: No

12/10/13 State.co.us Eecutive Branch Mail - Re: Renewal App. No. 6(RN -6) Foidel Creek Permit No. C - 1982 -056
STATE OF
COLORADO
Re: Renewal App. No. 6(RN -6) Foidel Creek Permit No. C -1982 -056
Musick - DNR, Jason <jason.musick @state.co.us> Mon, Dec 9, 2013 at 3:13 PM
To: "Mitzelfeld, William" <wmitzelfeld @usbr.gov>
Cc: Alysha Hernandez - DNR <alysha.hernandez @ state.co.us>, Mary Rodriguez - DNR
<mary.rodriguez @state.co.us>
Mr. Mitzelfeld,
My apologies for the delay in response to your questions concerning the Foidel Creek Mine Permit Renewal
Application No. 6. The comments are appreciated and I wanted to make sure the Division can address all of your
concerns.
Concerning the issue with regard to sound abatement, in your email dated November 19, 2013 it was stated that:
We believe the mine has not met it's requirement with regard to sound abatement. Sound from the mine is a
constant irritation. When friends come to visit, one of the first things they say is "What 's that noise ". We
appreciate the fact that the mine recognizes this issue. In fact several years some noise measurements were
taken. We are not of any follow up testing.
It was nice that Brock was able to help me navigate your very unfriendly web -site.
Unfortunately he was notable to show me how to find any records of the measurements that were taken or that
may have taken place sense.
As part of the renewal application we formally request that a condition to placed on the application to require the
mine to perform addition noise studies and be required to modify operation as necessary to meet their permit
noise guidelines. If there are no specific requirement in their permit then we believe the permit
should reference the State of Colorado general standards as the required standards.
With regard to noise emitting from the Foidel Creek Mine site (permit No. C- 1982 -056). The mining permit issued
from our office, The Division of Reclamation, Mining, and Safety as a Division of the State of Colorado Department
of Natural Resources, is issued under Title 34, Article 33 of the Colorado Surface Coal Mining Reclamation Act
and the Rules and Regulation of the Colorado Mined Land Reclamation Board for Coal Mining in accordance with
Title 34, Article 33 of the Act. Under those Rules and Regulations, the Division does not regulate "sound ",
"sound abatement ", "noise ", or "noise measurements" produced from coal mines in Colorado, with the one
exception of Rule 4.08.4 of the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining.
Rule 4.08.4 is requirements for surface blasting. With regard to noise, Rule 4.08.4 (1)(a) states that All surface
lasting shall be conducted between sunrise and sunset. The Division may specify more restrictive time periods,
based on public requests or other relevant information, according to the need to adequately protect the public
from adverse noise. This rule is promulgated by Section 34- 33- 120(2)(o)(III) of the Act with regard to Surface
Blasting Requirements.
Based on the above mentioned justification, the Division can not, by law, regulate "sound ", "sound abatement ",
"noise ", or "noise measurements" produced from the Foidel Creek Mine outside of surface blasting, which does
not occur at the Foidel Creek Mine.
With regard to your mention of the mine not meeting it's requirement with regard to sound abatement and past
sound measurements, as mentioned above the Division of Reclamation, Mining, and Safety does not have a Rule
or Section that supports a requirement for sound abatement. If in fact the Foidel Creek Mine has a requirement
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