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<br />airshaft, or due to problems with the well itself. As such, it does not appear that a violation <br />of the Colorado Law and Rules has occurred at this time. Should Mr. Tatum provide <br />evidence that the well was producing immediately prior to the construction of the airshaft, <br />and that the well's lack of productivity is not due to problems with the well's pump, casing <br />or perforations, the Division will proceed with an investigation into possible enforcement <br />action. <br />3. Failure to Comply with Rule 2.05.3(2) <br />This third issue concerned the permittee's alleged failure to provide a detailed operations plan <br />of the proposed (or actual) underground workings. Rule 2.05.4(2)(6) requires that the <br />operator must provide a detailed narrative and appropriate maps sufficient to describe all <br />proposed surface disturbances associated with the mining activity, the areal extent of the <br />underground wortdngs, and the stratum to be affected. Pages 2.05-2 and 2.05-4 contain a <br />narrative describing the surface disturbance. In addition, Map 12, Surface Disturbance and <br />Post Mining Land Use, shows the surface disturbance associated with the mine facilities. <br />Map 3, Golden Eagle Mine PLm, shows the anal extent of the underground workings, as <br />well as We timetable for future mining arxivities. Finally, Map 6, Geologic Cross Sections, <br />shows the geologic cross sections and stratum to be affected. As such, we believe that the <br />permit is in compliance wiUr Rule 2.05.3(2)(6). <br />We believe'all of the concerns brought to our attention in this TDN, as responded to herein, <br />do not waaant issuance of enforcement action by the Stare of Colorado. Please contact me if <br />you have any further questions. <br />Sincerely, <br />Daniel I. Hernandea <br />Senior Environmental Protection Specialist <br />ce: Joseph J. Dudash, DMG <br />m: \oss\scm\hagenltr. dih <br />