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Mr. Robert F. T. ICrassa -2- April 12, 1994 <br />surface tract is limited to extraction of the mineral under that particular property only. <br />Findings documents developed by our Division are prepared for the basis of <br />documenting that applications for permits and revisions are in compliance with the <br />regulations and thus approvable, and not for the purposes of making generalized legal <br />statements. <br />Rule 2.03.6(1) requires applications to contain only a description of the documents <br />upon which the applicant bases its legal right to enter and begin surface coal mining <br />operations in the permit area, and whether that right is the subject pending litigation. <br />This rule further requires the description to identify those documents by type and date <br />of execution, identify We specific lands to which the document pertains, and explain <br />the legal rights claimed by We applicant. The Golden Eagle Mine permit application <br />provides this, and our Findings Document affums the operator's compliance. <br />3. Thank you for your comments regarding Stipulations 66 through 70. We have <br />appreciated the cooperation of all those involved in these proceedings. <br />4. The application materials required pursuant to Rule 2.05.3(2)(b) have been submitted. <br />We have asked Basin Resources to provide some revised exhibits that provide this <br />information in a more concise manner. When this revised information is submitted, <br />we will notify you. <br />5. Two issues appear to be discussed in this paragraph. The first is whether one of the <br />existing ."test" holes on the north side of the Purgatoire River should be used as a <br />groundwater monitoring well. - - <br />Basin Resources is developing a plan for monitoring the regional groundwater, which <br />will be submitted soon. We will review their plans as soon as they are submitted, <br />and determine whether any additional monitoring wells are needed. We will advise <br />you of the submittal of this information as soon as it arrives. <br />The second issue is whether any of the wells in the area of Rancho Escondido should <br />monitor the hydrologic characteristics of the Trinidad Sandstone specifically. <br />It was our understanding from the meeting held with Basin and Raton West on <br />Febnrary 23, 1994 that Raton West's concerns with impacts to the Trinidad Sandstone <br />were raised after reviewing Part 3 of Stipulation 67 in the Golden Eagle Findings <br />Document. The Division's request for a plan to monitor the inflow into the <br />Golden Eagle Mine was based upon statements made in the Division's Findings <br />Document pursuant to We approval of the 1989 Permit Revision. In that document, it <br />was stated that water was flowing into the mine workings situated south of the <br />Purgatoire River. Water was apparently being transmitted to the workings from <br />below via a geologic fault. The Division concluded in the 1989 Findings Document <br />that the source of this water was the Trinidad Sandstone, as no other <br />