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III IIIIIIIIIIIIIIII KRASSA, LINDIIOLM, KUMLI & MADSEN Shayne M. Madsen Karl F. Kumli, ID• David C. Lindholm Robert F. T. Knaea, P.C.•• Robin A. Byerv Stephen C. Miller, P.C., OJ Counsel Attorneys end Counselors et Law Three Pearl Plaza - West Tower 4888 Pearl East Circle, Suite 202W Boulder, Colorado 80301 Telephone (303) 442-2156 Facsimile (303) 443-3617 •Ako Adminrd so Practice in California ••Ako Admitted to Practice in Washington December 22, 1993 Mr. Michael Long, Director Division of Minerals and Geology 1313 Sherman Street, Room 215 Denver, CO 80203 CrolGe., Ea~le .. It ear r.,- nCYI'r-`~~OttL~ <-: rt Pueblo Office 1123 N. Elizabeth St. Pueblo,Colondo 81003 Q l9) 542-3945 QI9/54L3947 facaitmY Please Dbrct Corrrssprnrdenrcr to Boulder Ojpce n~~„ Re: Basin Resources Subsidence Investigation Dear Mr. Long: At the December 16, 1993 hearing before the Mined Land Reclamation Board, the Board directed that the Division conduct an initial investigation of my client's (Raton West - Baldwin Ltd. Development) concerns with subsidence issues involving Basin Resources' Golden Eagle Mine in Las Animas County, and requested that we furnish to you a letter specifying those concerns. Raton West's basic concerns were set out in a letter from this office to the Office of Mined Land Reclamation, dated April 7, 1993. We believe that the best way to focus the matters as to which investigation is requested, will be to first reiterate the four items in our April 7 letter which relate to subsidence, and address the OMLR response to each. The fifth item is related but was not expressly set out in our April 7 letter. 1. Failure to file a subsidence survey and subsidence monitoring plans for areas outside the renewable resource zone which is defined as the alluvial valley floor of the Purgatoire River: C.R.S. § 34-33-111(1)(c), (d),(i); Reg. § 2.05.6(6). The Division responded on July 26 (Response #14) that such a plan would be required if material damage or diminution of reasonably foreseeable use would not be expected to result from subsidence, and that if such damage or diminution could reasonably be expected, a subsidence control plan or a subsidence survey would be required. The Division stated, as to Raton West's property, that Basin currently implements a subsidence monitoring program. This program is minimal, if it exists at all, as to Rancho Escondido. We request that the Division proceed to determine that damage or diminution can reasonably be expected on Raton West's property as a result of subsidence, and to require a subsidence survey and/or a subsidence control plan. P.md a, ru~rre Pro..