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III IIIIIIIIIIIIIIII <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of Natural Resources <br />1313 Sherman 51., Room 21 5 <br />Denrer, Colorado 802113 <br />Phone: 1303) efi6-356: <br />fnx: oA3piiI ~'~,61996 <br />To: <br />From: <br />Re: <br />Kent Gorham <br />Janet Binns <br />Golden Eagle <br />Jack Chavez. <br />I~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />eoaernor <br />lames 5 Lochhead <br />E~eculiee Dueaor <br />C-81-013, Citizen Complaint-Mr. Donald Chavez awe~hliv6m~< [I~r <br />On April 15, 1996, 1:30 pm, representatives of the Division of Minerals and Geology (DMG; <br />Kent Gorham, Dan Hernandez, and Janet Binns) met with Mr. Donald Chavez, Mr. Jack <br />Chavez, complainants, Mr. Marquez (Water Commissioner), and Mr. Bob Montgomery of <br />Entech representing Basin Resources. The Chavezes are local landowners whose property <br />is adjacent to the Golden Eagle Mine. The Chavezes complaint stems from events which <br />occurred in March and April 1994. <br />Between March 29-March 31, 1994 Basin Resources discharged surface facility area water <br />into the Chavez's irrigation ditch due to a breech in the ditch D-13. On March 31, 1994 <br />Basin Resources redirected the facilities area water into Pond 003. The Division issued <br />NOV-C-94-008 on April 14, 1994 for failure to maintain collection ditch D-13. Abatement <br />steps required were to repair ditch D-13 and clean it to design capacity by April 15, 1994, <br />and clean up coal fines by May 5, 1994. Basin Resources was denied access to the Chavez <br />property until April 19, 1994. Basin Resources complied with the terms for abating the <br />violation. The violation was terminated on May 10, 1994. <br />Damage attributable to the mine occurred from the point where Culvert C-14 crosses the <br />Chavez's irrigation ditch to approximately 1000 ft. east, and 650 ft. of a N-S irrigation ditch <br />east of C-14. No damage to the irrigation ditch West of C-14 can be attributed to this <br />event. In the settlement agreement, dated 6/16/94, it was noted that approximately 1 cubic <br />yard of coal fines were dispersed over a 30 ft. x 50 ft. area of the field adjacent to the <br />breech, and a 30 ft. x 30 ft. portion of field along the East-West ditch. (2400 sq.ft. = 0.05 <br />of an acre) <br />The inspection initiated at the Chavez's headgate on the South side of the Purgatoire River <br />West of the Golden Eagle Mine entrance. The headgate is in poor repair. The inlet to the <br />headgate pipe is approximately 2/3 covered with sediment, the headgate had a rusted metal <br />plate which was raised and lowered by hand. No measuring device or gauge was noted at <br />the headgate. One-quarter to one-half inch diameter particles of coal were observed in the <br />river sediment upstream of the headgate. The inspection continued easterly along the length <br />of the irrigation ditch. <br />