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y <br />their investigation of the Tatum's concerns, the Las Animas County Health Department did not <br />take any enforcement action against Basin Resources. Ms. Amato informed me that information <br />regarding her agency's investigation into the Tatum's concerns could be obtained from her office <br />upon request. Her agency's telephone number is (719) 846-2213. <br />You raised a question yesterday regarding Mr. Ossola's comments in his May 12, 1995 letter <br />to Mr. Tatum. Specifically, you referenced Mr. Ossola's comments that state that, in his <br />opinion, the independent sound testing that Mr. Ossola did at the mine indicates that the mine <br />fans "overwhelmingly exceed the noise level according to C.R.S. 25-12-103, maximum <br />permissible noise levels for rural industrial. zones, which is the zone of the mine location." You <br />then asked if the Division would enforce state standards that other agencies could not. <br />The Division believes issues pertaining to the correct zoning of the mine, and the associated <br />correct sound level standards, are matters for the Las Animas County Planning and Land Use <br />Office, the Las Animas County Health Department, and the Board of County Commissioners <br />for Las Anlnas County to resolve. The Division of Minerals and Geology does not have the <br />authority to enforce county zoning regulations, or those state sound standards enforced by county <br />health departments. <br />Thanks again for bringing this matter to our attention. Please call us for any further information <br />we may provide. <br />Sincerely, <br />Daniel I. Hernandez <br />Senior Environmental Protection Specialist <br />ce: Randy Price, DMG <br />Las Animas County Board of County Commissioners <br />Carol Amato, Las Animas County Health Department <br />Michael Ossola, Las Animas County Planning and Land Use Office <br />Larry Bennett, Basin Resources, Inc. <br />D1H/jtm <br />M: \OS S\j tm\060295. dih <br />