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~~ <br /> 999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of Natural Resources <br />1313 Sherman Sl., Roam 215 <br /> <br />Denvcr, Colorado 80203 II~~ <br />Phone: 1303) 866-3567 <br />FAX: p0A 832-8106 <br /> DEPARTMENT OF <br /> NATURAL <br /> RESOURCES <br />October 25, 1996 <br /> Roy Romer <br /> Governor <br /> lames S Lochhead <br />Mr. Dennis Short Executive Director <br />1429 Vine Street, #2 0. ~~ o~ oi~e for <br />Denver, CO 80206 <br />RE: CITIZENS COMPLAINT -Sanborn Creek Mine <br />Dear Mr. Short: <br />I have reviewed your letters of October 8, 1996 and October 16, 1996. A copy of our <br />inspection report is included with this letter for your review. As you will see, your complaint <br />was fully investigated and your concern addressed. However, if you are not satisfied with <br />our actions, in accordance with Rule 5.02.5, you may request in writing that the <br />Administrator (Division Director) informally review our decision not to take enforcement <br />action based on your allegations. The Administrator shall conduct the informal review and <br />report the results in writing to both you and the alleged violator within 30 days of the <br />Administrator's receipt of thin request for review. Informal review under Rule 5.02.5(2) shall <br />not affect any right to formal review under Section 34-33-124 of the Act or to a citizen's suit <br />under Section 34-33-135 of the Act. In addition, as you are aware, we inspect on a monthly <br />basis so if you are still dissatisfied with our handling of this issue we would be happy to have <br />you accompany us during a subsequent inspection of the Sanborn Creek mine to revisit the <br />issue which you have raised. <br />I apologize for the fact that you were unable to accompany our inspector during this <br />inspection. Citizen complaints are assigned high priority when received, and we always <br />endeavor to respond as quickly as possible. Our regulations dictate specific time frames <br />within which inspections must occur. Mr. Berry was in the field during the week that the <br />complaint was received. He, therefore, contacted you on the same day that he received your <br />letter. Unfortunately the only date which he had available to conduct the inspection within <br />the required time frame was October 16, 1996, thereby allowing you admittedly short <br />notification. I assure you, had we been able to conduct the inspection on an alternative date <br />to better <br />