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i <br /> <br /> <br />November 22, 1985 <br /> <br />Page 2 <br />We also note, with interest, that your inspection department <br />had a conversation with an equipment operator on the site and that <br />the inspectors expressed their concerns to that operator who <br />indicated he would pass them on. We note again, with interest, that <br />the operator failed to inform you, as well as, it appears that you <br />are otherwise uninformed, that the Colorado Department of Health on <br />October 7, 1985 sent a certified letter to the operator of the above <br />referenced pit giving official notice of violation of the Colorado <br />Air Quality Control Act. The operator is under a cease and desist <br />order from the Colorado Department of Health from operating. It <br />appears that that is a violation of his permit with the Mined Land <br />Reclamation Division and therefore, on that basis alone, we request <br />that you deny any transfer of the permit to the successor operator. <br />We further request that you deny any transfer to a successor <br />operator until you complete an adequate investigation and <br />specifica:Lly address the complaints made by a governmental agency <br />i.e, La Plata County, as well as the specific complaints being made <br />by the individual most adversely affected by your permit approval - <br />Mr. Terry Sadler. <br />We enclose a copy of the October 7, 1985 letter from the <br />Colorado Department of Health and we also want it placed in the <br />records of the official proceedings, and in addition, we request <br />that you place a copy of our November 22, 1985 to the Colorado <br />Department of Health in the records. This letter indicates that <br />even in light of a cease and desist order the operator remains in <br />violation of the law. When is this going to stop? When is the <br />Mined Land Reclamation Board going to take the necessary steps <br />according to its statutory charge to control this pit from illegal, <br />unhealthy •snd destructive operation? <br />Since <br />REY/sab <br />Enclosure <br />cc: Steven Zwick, La <br />Mr. Terry Sadler <br />Mr. Scott Miller, <br />YATES & CRANS <br />A Profess;oha ~Cor oration <br />~~ / ~ / <br />~2uss/ 1 8/jYates <br />Plata County Attorney <br />Air Pollution Control Division <br />