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November 10, 1994 <br />Page 4 <br />letter to Steve Rathbun, Office of Surface Mining; November <br />9, 1994, letter to Daniel Hernandez; November 8, 1994, <br />letter to Joe Dudash; and a November 9, 1994, letter to <br />Steve Rathbun. (enclosures to these letters are not <br />included) The matters of concern addressed in these letters <br />involve another lawsuit against Basin Resources, Tatum vs. <br />Wyoming Fuel/BRZ; 92 CV 127; Las Animas County, Colorado. <br />The appeal that I filed in my November 8, 1994, letter <br />to Steve Rathbun would have been an unnecessary step if <br />Daniel Hernandez had provided accurate, truthful information <br />to the Office of Surface Mining. <br />I am continually amazed that the State seem to ignore <br />the safety, health, and welfare of their residents for BIG <br />BUSINESS. Obviously slapping Basin's hand has had no <br />effect. They continue to lie, stretch the rules, break the <br />rules and ignore the law. If your agency can not monitor <br />the mining industry, especially Basin, then the intervention <br />of the Federal government is necessary. <br />I spoke with Dave Knope with the Colorado Health <br />Department in Pueblo yesterday concerning the "white foamy <br />substance" mentioned in my November 3, 1994, citizen's <br />complaint. He advised me he would make an appointment with <br />Basin and would file his report with Pat Nelson sometime <br />next week. He stated unless he knew what the "white foamy <br />substance" was he couldn't check for any violations. <br />According to Permit Number CO-0000906, New Elk Mine, <br />discharge point 004, "is a discharge point from the runoff <br />sedimentation pond." "Discharge points 004 through 008 <br />receive and contain surface runoff in sedimentation ponds. <br />No chemicals are added and settling is the only treatment <br />that the water receives prior to discharge." If no <br />chemicals are added what was the "white foamy substance? <br />Is it the citizens responsibility to tell Colorado Health <br />what substances/chemicals to check for - I don't think so. <br />Am I to understand that this pond does NOT empty into the <br />Purgatorie River OR seep into the ground? Please advise. <br />In closing, I urge you to be responsive to the <br />citizens. It is an insult for Basin and Savage to think that <br />intelligent people are going to sit by and watch them break <br />the laws and not make them be responsible for their own <br />