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- _ _ _ _~ _ ; <br />t. -r .. ~ , ~,,, , <br />5 ~ nl t O~ Coi OunnU mrii nuu n, i n~„v <br />DEPARTMENT OF NATURAL RESOURCES <br />" ' ~ ...r _ D. Monte Pascoe, Execmive Director <br />.. ..s r' <br />~, <br />.(. 5?. . .' , , <br />~yyY~~~~,.~ 1 r 423 Centen nial Building. 1313 Sherman StreeM1 . <br />-, Denver, Colorado 80203 Tel. (303) 839-3567 <br />III Illlllllllllllll <br />999 <br />David C. Shelton <br />March 19, 1981 Director <br />T0: Pete Evans <br />FROM: Sandy Emrich~a"'"~ <br />SUBJECT: Complaint by//Mr. and Mrs. Yorty concerning Apex No. 2 mine <br />Mr. Edrlin and Mrs. Evelyn Yorty came in with their layover Mr. Robert L. <br />McDougal to file an official complaint against Sunland Mining Corporation, <br />Apex No. 2 mine. <br />As I understand it the major concerns are: <br />1. Operating within 100 feet of a stream. They don't think Apex should be <br />considered a pre-existing operation because the mine facilities were constructed <br />in 1978. <br />2. Degradation of stream water quality. There is evidence of oil and grease <br />in the stream on their property which the Yorty's attribute to the mine <br />operation. <br />3. The scale on the county road is a hazard and nuisance. Traffic is held up <br />for fifteen minutes while the coal is being loaded, and also the mine facilities <br />violate. the 100 foot road right-of-way. <br />4. Dust. Mr. Yorty has an asthma problem which is aggrevated by the dust at <br />the mine site and coal dust. <br />5. They are concerned that ADex is planning to open a portal on their property <br />They are odbsed to any disturbance on their land. <br />A copy of their letter and photographs from the Yorty's house are attached. I <br />said the Division would consider their complaints during the course of the permit <br />review. We can determine which ones are valid and handle them i.n an appropriate <br />manner. <br />I will be up there next week, probably Tuesday. I said I would contact them <br />and they can point out the problems at the site. I gave them your name for <br />future correspondence. <br />mab <br />Attachment <br />