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~~~'~~I~~i~~l'~~II~ Df VISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman SL, Room 215 Denver, CO 80203 Phone: IlOJ) 866-3567 FA%:1303)832-8106 June 17, 1993 Mr. Michael A. Ossola,~Director Las Animas County Planning and Land Use Office 200 E. First Street, Room 104 Trinidad, CO 81082 Re: letter of May 11, 1993, Basin Resources, Inc., The New Elk Mine, Permit No. C-81-012, The Golden Eagle Mine, Permit No. C-81-013 Dear Mr. Ossola: OF'~~(U ~~~b o rB ]6 ~ Roy Romer Gavemor Michael 8. Long Division Director Thank you for your letter regarding the New Elk and Golden Eagle Mines. I would like to take this opportunity to provide you with our response. Prior to receiving your letter, the Division had inspected these two sites during the latter part of March and the early part of April. On March 30th, the Division issued Notice of Violation (NOV) No. C-93-016 to Basin Resources, Inc. for the operator's failure to prevent impacts created by the enlarged coal surge pile at the Golden Eagle Mine to areas unapproved for disturbance. On April 9, 1993, the Division issued NOV No. C-93-039 to Basin Resources, Inc. for the operator's failure to minimize adverse impacts to the hydrologic balance by allowing coal dust to blow from its raw coal pile at the New Elk Mine coal processing plant onto the south bank of the Purgatoire River. On April 16, 1993, the Division issued NOV No. C-93-058 for the operator's failure to treat surface water runoff from coal that had spilled from the conveyor belt at the New Elk Mine onto portions of State Highway 12 and onto banks of the Purgatoire River. On the same day, the Division also issued NOV No. C-93-063 for the operator's failure to comply with the approved mine operations plan by allowing the coal stockpiles at the New Elk Mine to increase in size beyond approved dimensions. The Division is currently addressing the resolution of these problems with Basin Resources, Inc., and hopes to have them resolved by the end of this month. With regard to your comments about wind-blown coal dust from the stockpiles that is accumulating on the nearby vegetation, roadways and riverbanks, we have forwarded a copy of your letter to Mr. James Geier of the Air Pollution Control Division of the Colorado Department of Health. This agency is responsible for the issuance of air quality permits, specifically for controlling fugitive dust from coal stockpiles. We hope to coordinate an upcoming inspection with them to address this particular problem. C~~~,,~, STATE OF COLORADO