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noticed and is pleased with OMI's increased efforts to address his noise and dust concerns. It is important to note that no one at the community meeting expressed concerns about dust or noise from OMI's operations to the Board of Commissioners. OMI has and will continue to endeavor to remain in compliance with the fugitive dust and particulate level requirements. OMI ceased the large volume discharge of mine water to the North Fork of the Gunnison River during the first week of October. During the entire term of this discharge, OIVII completed sampling and laborator}~ analyses of the mine water and of the river, as required by the CDMG. Summaries of the sampling and lab analysis results that were submitted to the CDMG are attached. The sampling points in the river were located upstream of the discharge location (near the intake for the town and the mine's water s}'stem), just downstream of the discharge, and near the headgate of the Fire Mountain Canal (and downstream of the coven). Other important notes to consider are that the discharge was only required to (and did) meet stream water quality standards (rather than dnnkin8 water standards) and that the thine water discharge into the river was downtireanr from the town's water intake. Regarding the past condition of approval to submit a noise monitoring program, OMI offers its apology for failing to comply with the "which ever comes first" provision of that condition. Other OMI staff (as I was not yet employed with OMI) had apparently planned compliance "before production levels exceed 2.0 million tons per year", rather than the alternative July 1, 1998 deadline. Nonetheless, noise levels have been aconcern -even in the recent draft North Fork Coal Environmental Impact Statement ("dEIS'~. As a result of the concerns expressed in the dEIS, and because these concerns were based on calculated noise levels from the Bowie Resources operation (as OMI's Sanborn Creek Mine was not in operation at the time due to the mine fire), OMI hired a noise consultant. This consultant completed a noise survey during normal operations, while OMI was loading a unit train. The survey showed that OMI's actual operations, even while loading a train, are within the Colorado Noise Emissions limits per Article 12 , C.R.S. 25-12-]Ol through 107. A copy of the noise survey letter report is attached. With this survey, OMI believes that no further noise monitoring should be required. Please call me at (970) 929-5834, should you have questions or require further information. Sincerely, .~j~~ ~~~~2~~:c.! Kathleen G. Welt, Environmental Supervisor cc: Joe Dudash -CDMG Paul Fritzler - OMI Walt Wright - OMI XBOW i .. - .