ENFORCE32662

• Permit No: C1981013
• IBM Index Class Name: Enforcement
• Doc Date: 4/26/1996
• Doc Name: CITIZEN COMPLAINT DAMAGE TO CHAVEZ PROPERTY LAS ANIMAS CNTY GOLDEN EAGLE MINE C-81-013
• From: DMG
• To: DON CHAVEZ
• Violation No.: CV1994008
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Depanmem of Natural Resources
1313 Sherman St., Room 215 I`y~~
Denver, Colorado 80203 II
Phone: [phone]
FA%: [phone]
DEPARTMENT OF
April 26, 1996 NATURAL
RESOURCES
Roy Romcr
Mr. Don Chavez eovernnr
lames 5. Lochhead
13275 Highway 12 EarcunveDhecmr
Weston, CO 81091 Michael e. Long;
D rvi~mn Drteclor
RE: Citizen Complaint, Damage to the Chavez property, Las Animas
County, Golden Eagle Mine, #C-81-013
Dear Mr. Chavez:
The Division of Minerals and Geology (Division) has reviewed your
letter sent to Robert Montgomery of Western Energy Company dated
April 17, 1996, concerning your estimate of damage incurred to your
property. As per Rule 5.02.5 of the Regulations of the Colorado
Mined Land Reclamation Board for Coal Mining, the Division
considers your letter a written request for an inspection by the
Division. Rule 5.02.5(4) requires that the Division send a
description of the enforcement action taken or an explanation why
no enforcement action was taken; and an explanation of your right
to an informal review of the Division's action. In that regard,
this document fulfills those obligations of the Division.
As you are aware, the Division conducted an inspection of the
alleged damage on April 15, 1996. The entire length of your
irrigation ditch was traversed, including inspection of the
headgate of the ditch, erosion along the Purgatoire River near your
irrigation ditch, the Topple headgate area, culverts along the
ditch, the area at the mine culvert crossing (1994 Notice of
Violation), ditch laterals, two hay fields, fences and the apple
orchard area at the end of the irrigation ditch. Based on our
observations, the Division found no evidence of an existing or
current violation of the Rules. It appeared that the clean up of
coal fines in the field conducted in 1994 to abate NOV # C-94-008
was completed to the extent that Division personnel did not observe
evidence of any remaining coal fines.
From review of your letter, it appears that your concerns are
directed mainly toward the condition and maintenance of the
irrigation ditch and the ditch lateral and your dissatisfaction
with the work conducted by the mine in 1994.. You listed four items
for which you believe you are due compensation from Basin Resources
as per past agreements with representatives of Basin. For the