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~iiii i ii i ii i ii iiii iii <br />999 <br />PARCEL, MAURO, HULTIN & SPAANSTRA, P. C. <br />JEFFREY H. DESAUTELS <br />DELIVERED BY MESSENGER <br />Colorado Mined Land Reclamation Board <br />c/o Ms. Glenda Williams, Board Secretary <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />DIRECT DIAL <br />(3031 297-4541 <br />.,, .. . <br />1;~~ fj;; <br />S9~ <br />Re: Golden Eagle and New Elk Mines: Request of Raton West- <br />Baldwin Ltd. Development dated December 2, 1993 <br />Dear Board Members: <br />On December 6, we received a copy of a letter to the members <br />of the Mined Land Reclamation Board dated December 2, from counsel <br />to Raton West-Baldwin Ltd. Development (Raton West), requesting <br />that Raton West be granted party status in a proceeding before the <br />Board scheduled for December 15-16, 1993. The hearing involves our <br />client Basin Resources, Inc. (Basin). Basin has no objection to <br />Raton West's participation in the upcoming hearing under the <br />Regulations for Coal Mining, 2 CCR 407-2. <br />However, we believe that the sole item on the agenda for the <br />upcoming Board hearing is consideration of the Show Cause Orders <br />issued by the Division of Minerals and Geology (Division) to Basin, <br />relating to the Golden Eagle and New Elk mines. That is the <br />subject matter of the notice given to Basin regarding the <br />December 15-16 hearing. None of the information provided in Raton <br />West's recent letter to the Board, however, is relevant to the <br />issue of whether a "pattern of violations," as alleged by the <br />Division and presented in the Show Cause Orders, has occurred. As <br />indicated in Exhibit 1 to Raton West's letter, that company already <br />has petitioned the Division regarding allegations against Basin. <br />Exhibits 3 and 4 detail the Division's response. While Raton <br />West's allegations relate to subsidence in the area known as the <br />Rancho Escondido Subdivision, the NOVs leading to the allegations <br />that there is a "pattern of violations" are concerned with <br />activities at the surface mine facilities. <br />ATTORNEYS AT LAW <br />901TE ]000 <br />IBOI ULIFORNIw STREET <br />OEHVE R, COLORw00 00202-26 J0 <br />TELEPHONE f10J1292-8400 <br />TELECOPIER IJO]) 295 -J040 <br />December 8, 1993 <br />