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United States Department of the Interior BUREAU OF LAND ~fANAGE~fEYI' UNCODIPAHGRE BASIN RESOURCE AREA 2505 SOUTH TOW'NSEND AVENL~E MONTROSE, COLORADO 81401 iiiiiiiiiiiiiiii 999 = ._ ~e ~... ~ ~ ~ ^ 1.~ iEPIY iEFER TO: 3400 (CO-034) COC-54558 CERTIFIED MAIL--RETURN RECEIPT REQUESTED Larry and Elaine Hautz SEP 2 2 ~~ 1938 Highway 133 Paonia, CO 81428 Dear Mr. and Hrs. Heutzs Your letter of September 8, 1993, which wns hand delivered to this office by Hre. Hautz on September 16, 1993, contains a number of allegations and inaccuracies concerning the Bureau of Land Management (BLH) that need to be addressed. Your letter alleges that BLH did not notify you of the coal lease hearing until after the public hearing was held and completion of the envirorurental analysis (EA). This office made several attempts to notify you and ot:Ter interested publics of the Jumbo Hountain Lease application and hearing. On July 2, 1993, a certified letter was sent to you stating that the Environmental Analysis (EA) would be available for public review in several weeks. A copy of the Newe Release and EA describing the hearing date and comment period was sent to your Aspen address by mail on July 19, 1993. A notice of the public hearing and request for public comments was published in the Federal Recieter on July 21, 1993 (enclosed). Also, legal notices announcing the public hearing and comment period were published in the Grand Junctiop Deily Sentinel on July 29, 1993 and August 5, 1993. A news release was published in the Montrose Dat1y Press and the Delta County Independent prior to the public hearing, in addition, during your vie it to this office on September 7, 1993, we extended the comment period for a week eo we could receive your comments. The record shows that we have made reasonable attempts to notify the affected surface owner and other interested publics regarding Hountain Coal Company's Jumbo Hountain Lease Application EA and hearing. The EA identified potential impacts from subsidence and protection of water sources. Your concern with protection of springs and ponds on the tract will be considered in BLM'e final decision. The EA addressee the adjudicated water rights on the Jumbo Mountain Lease Application Tract. Protection of the water rights are provided for by the Colorado Division of Minerals and Geology and the Office of Surface Mining permitting process. In addition, the stipulations in the EA provide protection for water resources. The BLM does not have the legal authority to require, stipulate or enforce an agreement such ae you suggest. If you have questions, please contact Lynn Lewis at 249-6047. Sincerely yours, Allan J. Belt Area Manager .,