GENERAL55384

• Permit No: C1981013
• IBM Index Class Name: General Documents
• Doc Date: 12/3/1992
• Doc Name: WYOMING FUEL CO GOLDEN EAGLE MINE PN C-81-013 RESPONSE TO CITIZEN COMPLAINT
• From: DMG
• To: LAS ANIMAS CNTY PLANNING & LAND USE
• Permit Index Doc Type: PUBLIC CORRESPONDENCE
• Media Type: D
• Archive: No

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999
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman Sl., Room 215
Denver, CO 80203
Phone: [phone]
FAX: [phone]
December 3, 1992
Mr. Michael Ossola
County Planner
Las Animas County Planning
and Land Use
200 East First Street, Room 104
Trinidad, Colorado 81082

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Roy Romer
Governor
Michael B. Long
Division Director
RE: Wyoming Fuel Company, Golden Eagle Mine, Permit No. C-81-013, Response to
Citizen Complaint
Dear Mr. Ossola:
This letter is a follow-up response to the citizen complaint referred to us in your office's
letter of November 6, 1992. Your letter stated that Mr. Charles Baldwin had complained
to your office that a Golden Eagle Mine exhaust fan was blowing methane gas directly into
a nearby subdivision, and creating some noise.
Our office had been contacted by you previously by telephone on November 5, 1992.
During this conversation, you informed me that you and a Las Animas County Health
Department inspector visited the site and saw possible tree damage downdraft of the
Golden Eagle exhaust fan site. Your office sent the November 6, 1992 letter to the
Golden Eagle Mine operator stating your concerns, and sent this Division a copy.
Pursuant to Rule 5.02.5(1)(a) of our Regulations, which states that this Division will
conduct an inspection of a signed written citizen's request that gives the Division
sufficient basis to examine a possible violation, an inspection was conducted on November
17, 1992. Present were yourself, Ron Thompson of Wyoming Fuel, and myself. We
examined the fan site, the trees in question and the residence situated downdraft of the
fan.
Rule 5.02.5(4) requires that the Division, in this case, send to the person requesting the
inspection and the alleged violator a description of the enforcement action taken or an
explanation of why no enforcement action was taken. Per the same rule, an explanation
of the rights to an informal review of the action or inaction of the Division is required.
Based upon our visual inspection of the Golden Eagle Mine exhaust fan site, and upon
discussions with people in the Division and other agencies, the Division has determined
that there is insufficient evidence to warrant a violation at this time, for several reasons.
STATE OF COLORADO
First, there did not appear to be an association between the fan exhaust and the condition
of the trees. One branch of one tree situated immediately in front of the fan was dead but