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III IIIIIIIIIIIIIIII <br />999 <br />3703 Bonhomme <br />Houston, Texas 77074 <br />(713)995-7045 <br />Telecopier <br />(713) 995-7191 <br />• Law Offices of • <br />Jim Tatum & Associates P.o. Box z8 <br />12630 Hwy. 12 <br />Weston, Colorado 81091 <br />(719) 868-3310 <br />Telecopier <br />(719)868-2612 <br />RF(;EIVED <br />JUL 171995 <br />July 12, 1995 <br />Mr. Berhan Keffelew <br />Division of Minerals and Geology <br />1313 Sherman St. Rm. 215 <br />De^~re r. Colorado 80203 <br />RE: Basin Resources, Inc. TR-15 <br />Mr. Keffelew: <br />Division of Mmerals ti Geolo9Y <br />I am in receipt of your letter dated June 22, 1995. <br />When we last spoke on June 12, 1995, you were very <br />distressed over .th.e fact that I had not stated in my first <br />letter that you. lracl advised me that Joe Dudash was now <br />handling the ltasirr.mine.. For the record, you did advise me <br />of that fact. Ho'aever,,that,•is not the issue. I initiated <br />the telephone call to speak with you concerning TR-15. I was <br />well aware that Mr. Dudash was in charge of Basin at the <br />time I telephoned you and we spoke. <br />For whatever reason, whether it be a deliberate and <br />outright lie, a F•hysical problem affecting your memory, or <br />job pressure, you have now chosen to say that you do not <br />remember speaking with me, however you were "aware that the <br />exhaust shaft may generate noise and that there may be noise <br />impacts to workers nearby." I would appreciate your <br />identifying these "workers", and explain your concern for <br />these "w~rlcer~" ::'hick prompted you to request that Basin <br />include the wording "baffle as needed" in TR-15. <br />I find the Division's position regarding this issue <br />intriguing. You state in your June 22, 1995 letter, <br />"Moreover, as ste.ted above, because the Division has no <br />jurisdiction over noise levels, noise levels were not, and <br />are not, under .r. •; purview". This being the case please <br />explain why you requested that Basin add this language to <br />TR-15, when as you new state the State could not enforce <br />noise level:;. <br />Please for:;ar3 .to my Houston office copies of any and <br />all correspondence between the Division and Basin which <br />discusses TR-15, as well as the name of the party with whom <br />you discussed the wording "baffle as needed". <br />