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ovember 3, 1994 age 3 appropriate, are determined. Meanwhile, the environment suffers, humans are placed in danger, livestock and aquatic life die. We have no place to appeal, we basically have no input. we are ignored until long after the damage is done. The present Cease and Desist order sites violations from 1992 - the order wasn't issued until AUGUST, 1994. During routine discovery in cause number 94 CV 35, Tatum vs.~ Basin Resources, Inc., et al, District Court, Las Animas County, Colorado (the coal/coal dust pollution case) we have discovered several conflicts, untruths, and/or omissions on the part of Basin and Savage. On March 25, 1994, Ms. Millie Turner, Colorado Department of Health wrote Ronald Thompson, Basin Resources, with regard to possible emissions violations. On April 5, 1994, Mr. Lopez of Basin responded to the March 25, 1994 letter. Mr. Lopez suggests to Ms. Turner that she has referenced the wrong permit number - an attempt by Basin to evade the issue, coal dust pollution occurring at either mine regardless of what permit, is pollution. tie further states in his April 5th letter, "In addition, the unpaved roads are watered and sprayed with a dust inhibiting chemical to contrul dust." Basin did not commence spraying Magnesium Chloride to control the coal dust until April 11, 1994. In addition to that un-truth, Lopez goes on to say "The load-out operators have been instructed to only load the trucks to a level below the height of the wind guards" - this instruction was given on April 11, 1994, SIX days after the April 5, 1994, letter. Did the State take any further action to determine if in fact Basin was in compliance with the emission permit, or did they file the April 5, 1994, Lopez letter and consider the matter closed? Savage Industries started washing their tricks off in May, 1994. They ignored complaints in 1993, from the various Las Animas County agencies to correct the coal dust and coal pollution problem. Basin and Savage continue to operate. The residents along State Highway 12 between the Golden Eagle and New Elk mine continue to suffer. They are now being plagued by a loud howling sound at night being emitted from the Golden Eagle mine.