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~ .ate <br />Farmer's Irrigation Ditch. This Ditch supplies irrigation and <br />stock drinking water and the cisterns of at least three families <br />living immediately downstream. Eastside has not taken adequate <br />measures to prevent coal and coal dust from entering these water <br />supplies from its mining, stockpiling, loading, and hauling <br />operations. Section 34-33-120(2)(d) of the Act requires opera- <br />tors to stabilize and protect all surface areas to effectively <br />control erosion and air and water pollution and Section 34-33- <br />111(m) requires permit applications to contain a detailed de- <br />scription of measures to be taken to protect surface and ground <br />water. We strongly question that Eastside's probable hydrologic <br />consequences properly addressed these issues and the effects of <br />all anticipated operations discussed in Sa above. (34-33-110(i) <br />and (1)) <br />c. By letter on August 7, 1990, Eastside again requested <br />permission from the Garfield County Commission to load and sell <br />coal declaring these activities were necessary to control both <br />spontaneous combustion and the blowing of fine coal. By this <br />letter, Eastside again admitted it had not properly handled its <br />coal stockpile and was not complying with section 34-33-120(2)(n) <br />of the Colorado Act. Operators are required to ensure that all <br />materials constituting a fire hazard are handled to prevent <br />sustained combustion. <br />d. As previously stated, the permit is inconsistent with <br />local land use plans and permitting requirements and thus does <br />not comply with Section 34-33-111(h) of the Act. <br />GCA Proposal: The Division conduct a full review of the permit <br />pursuant to 34-33-115(3) of the Colorado Act within 30 days of <br />the receipt of this letter. <br />We look forward to your timely response on these issues and <br />to working with you in their resolution. If you require addi- <br />tional information on these matters, please contact Carolyn <br />Johnson at 777-0557. If she cannot answer your question, she <br />will direct your query to the proper person. <br />S/i~ncerely, ~2.f <br />,ibhn Sa Board Member <br />Enclosure: Captioned photographs of Eastside loading and hauling <br />operations on September 12, 1990. <br />c.c. Robert Hagen, OSM Field Director - Albuquerque <br />W. Hord Tipton, OSM Deputy Director - Washington <br />4 <br />