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III IIIIIIIIIIIII III <br />999 <br />,.-.. <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />DeparlmeN of NaWral Resources <br />I f 14 Sherman 51., Room 215 <br />Dcnvcr, Colorado 80203 <br />Phunc 13031 866-3567 <br />E4% 1301)8}?-N106 <br />May 28, 1996 <br />I~~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Ruy Rumer <br />Governor <br />Mr. Bob Montgomery <br />BOX 99 Castle Rock Road Iamcs s. EisnncaA <br />r 6ec olive Dnennr <br />COlStrlp, MT 59323 Mirha elR Enng <br />Drviaon Dneao, <br />RE: Citizen Complaint, Damage to the Chavez property, Las Animas <br />County, Golden Eagle Mine, ~C-81-013 <br />Dear Mr. Montgomery: <br />The Division of Minerals and Geology (Division) has completed <br />review of the items listed Mr Don Chavez's letter sent to you dated <br />April 17, 1996, concerning his estimate of damage incurred to his <br />property. As you are aware, our letter to Mr. Chavez dated April <br />26, 1996 deferred responses on two items listed in his letter to <br />allow the Division time to review the facts and history related to <br />the specific areas of concern. <br />The Division believes that two areas of remaining liability exist <br />concerning Basin Resources. The first area is the side ditches, or <br />ditch laterals, which run off the main ditch to the north <br />downstream of culvert C-14. One of these ditches is now blocked by <br />a series of earthen berms, which Mr. Chavez claims is not <br />acceptable to him and does not meet his needs with regard to the <br />procedure he uses for flooding his hay field. The other is <br />apparently too deep or modified in such a way that its function is <br />impaired. The second area is the short section of the main ditch <br />which during the field inspection showed an incised appearance <br />which Mr. Chavez claims is a direct result of clean-out activities <br />conducted by Basin. Since this ditch system has apparently not <br />been used for irrigation activities since the clean-out, there is <br />no evidence to suggest that irrigation water caused this down- <br />cutting. <br />I have attached a copy of the letter sent to Mr. Chavez. The <br />Division believes that repairing and restoring these two ditch <br />segments is a fair resolution to this issue since these two areas <br />were directly affected by the situation which precipitated NOV #C- <br />94-008. We would urge you to contact him in the near future to <br />work out details to resolve this issue. <br />If you have questions, please call me. <br />