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January 9, 2004 <br />Page 2 <br />RE: TR-55 <br />the partnership and has always been our private property solely used for non-commercial <br />purposes and the house well lost was strictly for the residential use. <br />The conclusions reached in 1995 with the information provided then by Basin <br />concerning the casing of the mine shaft was that "it is likely that the water level in the <br />well was influenced by the adjacent underground workings and exhaust shaft". With the <br />new information concerning the casing shaft there can be no doubt that both wells have <br />been damaged. <br />We believe that Basin Resources Inc., pursuant to statute and SMCRA should be <br />required to replace the source of the water previously supplying the wells. We believe <br />we are entitled to be compensated for fourteen (14) years of loss of use and the <br />replacement of the water strata that has been destroyed. <br />Very truly yours, <br />JT/ag <br />LAW OFFICE OF~JIM TATUM <br />Ji Tatum - <br />