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III IIIIIIIIIIIIIIII <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department o(Nalural Resources <br />1313 Sherman SI.. Room 215 <br />Denver, Colorado 80207 <br />Phone: (7031 866 3567 <br />FAX: (303) 832-8106 <br />June 2, 1995 <br />Mr. Mitch Rollings <br />Office of Surface Mining <br />Albuquerque Field Office <br />505 Marquette NW <br />Suite 1200 <br />Albuquerque, NM 87102 <br />~I~~ <br />DEPARTMEfVT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />James 5 Lochhead <br />6ecWive Dueaor <br />M¢hael B. Long <br />Division D~redor <br />RE: Citizen Complaint, Basin Resources, Inc., The Golden Eagle Mine, CDMG Permit <br />No. C-81-013. <br />Dear Mr. Rollings: <br />Thank you for informing us yesterday of a May 18, 1995 complaint filed with your offices by <br />the law Offices of Jim Tatum and Associates. We appreciated receiving a copy of the letter <br />by fax yesterday. <br />This complaint appears to be concerned with certain sounds being emitted from two mine fans <br />operated by Basin Resources, Inc., at the Golden Eagle Mine in Las Animas County, Colorado. <br />We would like to provide our response. <br />The Colorado Division of Minerals and Geology does not have the authority to set sound level <br />standards for mining opeEadons in Colorado, nor does it have the authority to regulate and <br />enforce that type of standard. The authority for the enfo~rzment of the sound levels emitted <br />from the Golden Eagle Mine lies with the Las Animas County Health Department, located in <br />Trinidad, Colorado. (This is stated in the copy of the May 12, 1995 letter from Mr. Michael <br />Ossola, County Planner for Las Animas County, to Mr. Jim Tatum that accompanied your fax <br />of the May 18, 1995 Tatum Complaint.) <br />After speaking with you on the telephone, I contacted Ms. Carol Amato, the Executive Director <br />of the Las Animas County Health Department, yesterday to discuss this matter. Ms. Amato <br />confirmed that her agency is responsible for enforcing sound level standards in Las Animas <br />County. Ms. Amato further informed me that her agency has, in the past, taken enforcement <br />actions for sound level matters against entities other than Basin Resources. <br />I asked Ms. Amato if she was aware of the Tatum's concerns. She said she was, and that her <br />agency had investigated them. Ms. Amato also informed me that following the conclusion of <br />