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Mr. Robert H. Hagen, Director <br />December 23, 1993 <br />Page 2 <br />attempts to cross examine Basin's witnesses, and to introduce <br />evidence, to show that the three Golden Eagle Mine NOVs relating to <br />surface impact and landowner notification had not been abated as <br />was claimed by Basin. This was based on DMG's and the Board's view <br />that it should not consider any evidence concerning the <br />circumstances of the NOVs themselves, but should only consider <br />whether there was a "pattern". The Board did find that there was <br />a pattern of violations at the Golden Eagle, although it decided to <br />impose no penalty. <br />The significant good news is that at our request, the Board <br />directed the DMG to conduct an investigation of Raton West's <br />complaint and to report back to the Board at its January meeting. <br />We have at the Board's requested provided a letter requesting <br />specific items of inquiry, and our mining expert, Carl Gerity, and <br />I had a good meeting with Mike Long and Steve Renner today. I am <br />guardedly hopeful that the subsidence concerns will be addressed in <br />this way. <br />On a personal level, DMG personnel have at all times conducted <br />themselves in a pleasant and professional manner. Our concern is <br />with the substance, rather than with the form of their response. <br />I am enclosing your completed questionnaire, our April 7 <br />citizen complaint letter, and the DMG July 26 response. Please do <br />not hesitate to contact me if you desire more information. <br />Very truly yours, <br />KRASSA, LINDHOLM, KUMLI & MADSEN <br />i ,/ <br />Robert F. T. Krassa <br />RFK/nt <br />ec(w/encl): <br />/Michael Long, Director, DMG <br />Krassa, lindha(m, ICianL & Madsrn <br />