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November 10, 1994 <br />Page 3 <br />trucks as they saw the need to do so. In <br />May, 1994, the practice of automatically <br />washing trucks commenced." <br />"Other dust suppression/safety measures <br />include watering of the roads twice daily <br />with additional watering as needed; graveling <br />of the Highway 12/Entry road intersection; <br />and washing Highway 12. These practices <br />began as of April 11, 1994. The entry road <br />and haul roads have also been capped with a <br />substance called red dog road base in order <br />to seal the road and minimize mud and dirt <br />carryover onto Highway 12. This practice <br />began on May 9, 1994." <br />"BRI states, however, that any actions <br />undertaken by it with respect to its coal <br />hauling operation have no relationship, <br />casual or otherwise, to this lawsuit." <br />When Savage was asked, pursuant to interrogatories in <br />the above cause of action, to "Provide the date you first <br />received complaints of coal and coal pollution along Highway <br />12." Savage stated they were aware of certain complaints in <br />a "Petition" received in March, but they made no reference <br />to a letter written by Savage to the Las Animas County <br />Health Department in June, 1993, addressing the pollution <br />issues. I am enclosing a copy of Dave Jones' June 4, 1993, <br />letter. <br />It would appear that Basin is in, or has been, in <br />violation of all Emission Permits since March, 1992, when <br />they took over the mines. These infractions may appear <br />minor to the Division, but to the property owners residing <br />between the mines these violations have created a tremendous <br />nuisance. These violations have been brought to the <br />attention of both Basin and Savage several times prior to <br />the filing of the above lawsuit. A fact which Basin and <br />Savage refuse to admit but can be confirmed by the Las <br />Animas County Planner's Office, Health Department, and many <br />residents. <br />What action will be taken against Basin? <br />In May, 1993, we advised your office that Basin was in <br />violation of several permits. At that time we began <br />corresponding with Daniel Hernandez, Joe Dudash as well as <br />many other parties, including the Office of Surface Mining. <br />I am enclosing copies of the following: November 8, 1994, <br />