GENERAL49849

• Permit No: C1981022
• IBM Index Class Name: General Documents
• Doc Date: 10/25/1996
• Doc Name: FAX COVER
• From: TOM ANDERSON
• To: DAVID BERRY
• Permit Index Doc Type: PUBLIC CORRESPONDENCE
• Media Type: D
• Archive: No

. ____ ~~ ~~ Cam„
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Michael Long, Director
Division of Minerals and Geology
Department of Natural Resources
Centennial Building, Rm 215
1313 Sherman Street
Denver, CO 80203
Dear Mr. Long,
Dennis Short
1429 Vine St., #2
Denver, CO 80206
[phone]
October 16, 1996
RECEIVEp
OCj' y 8 ~
tlwr5rori Of tiurra~u~~ & ~lableg~.
On October 8, I sent a Citizens Complaint to your office and the
Office of Surface Mining. The complaint requested an inspection
of the Sanborn Creek Mine in Gunnison County for failure to have
a sign identifying the mine area at a point of public access. I
waived my right to confidentiality and requested the right to
accompany the inspector on the inspection of the mine site.
Crucial to the effectiveness of SMCRA is the ability of citizens
to participate in the regulatory process. However, for this
process to be successful, citizens must be allowed to accompany
inspectors during inspections.
On the evening of October 15, I received a telephone call from
Division Inspector David Barry. He informed me he would be
conducting an inspection of the Sanborn Creek Mine today (October
16), and that I could accompany him if I wish. He did not offer
an alternative date. what Mr. Barry failed to realize is, I,
like most citizens, am a hard-working tax payer and am unable to
take a day off from work without prior notice. By calling me the
evening before the inspection, Mr. Berry effectively denied me my
legal right to participate in the inspection and ruined my
abi=.ity to ensure a thorough and law-abiding inspection.
T have requested the State of Colorado provide me with a written
report of the inspection and if I am dissatisfied with the
results I demand the right to accompany the inspector during
another inspection. This inspection could take place during a
weekend or during the week if I am given proper notification so
as to be able to request time off from work.
I also request you remind your inspectors that citizens have a
legal right to participate in the regulatory process and it is
the inspector s responsibility to facilitate this procedure.
Citizens were responsible for the passage of SMCRA and,
consequently, your employees owe their well-paid jobs to tax
payers who wish to continue participating in the success of
SMCUP.. Please remind your employees of this fact and i trust in
the future citizens will be treated with the respect and courtesy
the have earned.
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