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Richard D. Lamm Governor III Illllllllllllllll DEPARTMENT OF NATURAL RESOURCES David H. Getches. Executive Director MINED LAND RECLAMATION DI\ DAVID C. SHELTON, Director November 5, 1985 Mr. Bob Kuretich 1846 4365 Lane Paonia, Colorado 81428 Re: Dust Problems at Terror Creek Loadout - File No. C-83-059 Dear Mr. Kuretich: I wanted to follow-up on our phone conversation of October 29, 1985, in which we discussed the dust problems at Terror Creek's Coal Loadout. I am aware that you have discussed this issued with the Mined Land Reclamation Division (MLRD) in the past but the situation has not improved to your satisfaction. On August 21, 1985, you called me to inform MLRD that coal fines were being blown into your orchards. The apparent source was Terror Creek's Coal Loadout operations. By coincidence, Dan Mathews of MLRD had just inspected the Terror Creek operations on October 20, 1985. I called Dan and asked him to reinspect the operation and your orchard on August 21, 1985. Dan's inspection report indicated that coal fines were observed in the adjacent orchards on both your property and the Terror Creek orchards. However, dust suppression measures were in use at the Loadout facilities. The Division does not have strong authority to enforce air resources as compared to other resources such as water. Our Rules and Regulations deal primarily with reclamation. Out of the 300+ pages of coal mining regulations applicable to our agency only one rule specifically addresses air resources. MLRD Rule 4.17 states "Each person who conducts surface coal mining and reclamation operations shall conduct such operations in such a manner so as to comply with all applicable state and federal regulations". This one rule gives our agency limited enforcement authority on emissions problems. In general, we check to make sure the operators are using reasonable dust suppression methods on roads and that any regraded areas or stockpiles be stabilized with vegetation or mulch as soon as practical. It is difficult for our agency to dictate specific dust suppression measures or to require an air quality monitoring program. After our conversation on August 21, 1985, I called two other agencies to see if they would have better authority to resolve the problem. On August 21, 1985, I called Ken Nordstrom of the Delta County Health Department to inform him of the problem. He indicated that they also have limited authority in this area, and could not be of much assistance. 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567