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/ Mr. Bob .i lborn <br /> Climax. lybd'enum Company <br /> Certified Mail No. P 080 728 268 <br /> September 26, 1986 <br /> Page 2 <br /> a private or public nuisance as defined in common <br /> law, the essence of which is that such emissions are <br /> unreasonably interfering with another person' s use <br /> and enjoyment of his property. Such interference <br /> must be "substantial" in its nature as measured by a <br /> standard that it would be of definite offensiveness, <br /> inconvenience, or annoyance to a normal person in the <br /> community. ) <br /> Your attention is also directed to Colorado Air Quality <br /> Control Regulation No. 1, Section III . D. 2. g. which reads as <br /> follows : <br /> Tailings Piles and Ponds. <br /> ( i ) Applicability - Attainment and Nonattainment <br /> Areas. <br /> ( ii) General Requirement. <br /> Any owner or operator of any new or existing <br /> tailings piles and ponds from which fugitive <br /> particulate emissions will be emitted shall be <br /> required to use all available practical <br /> methods which are technologically feasible and <br /> economically reasonable in order to minimize <br /> such emissions in accordance with the <br /> requirements of Section III . D. of this <br /> regulation. <br /> ( iii ) Applicable Emission Limitation Guideline. <br /> Both the 20% opacity and the no off-property <br /> transport emission limitation guidelines shall <br /> apply to tailings piles and ponds. Abatement <br /> and control plans submitted for tailings piles <br /> and ponds shall be evaluated for compliance <br /> with the requirements of Section III . D. of <br /> this regulation. <br /> ( iv) Control Measures and Operating Procedures. <br /> Control measures or operational procedures to <br /> be employed may include, but are not neces- <br /> sarily limited to: <br /> (A) watering and/or chemical stabilization, <br /> (B) synthetic and/or revegetative covers, <br />