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'• .JAN-12-95 THU 19 01 <br />Law Offices of <br />s ~ jim Tatum & Associates <br />8703 Bonhocruise <br />Houstorytexas77074 <br />(7'13) 9957045 <br />Telecopla <br />(713)9957191 <br />Illlllllllllllll P. 02 <br />P.O. Box 86 <br />12630 Hwy_ 12 <br />WestoM Colorado 81091 <br />(719)868-3710 <br />Telecopia <br />(719)868-2612 <br />November 8, 1994 <br />Mr. Steve Rdthburn <br />Office of Surface Mining <br />rflS V~v,...c.t t.. T..- 1S ~.. <br />Suite 1200, <br />Albut~lerque, Naw Mexico 87102' <br />RE: Tatum's Citizen Complaint; Filed November 30, 1994; <br />No. CC-93-020-006 <br />Mr. Rathburn: <br />We filed a citizen's complaint on November 30, 1993. I <br />am enclosing a copy for your convenience. <br />,1 You responded bn December 7, 1993, stating that a ten <br />dad notice letter had been sent to Basin. I am requesting <br />copies of tb~eir response to the 10-day notice letter, and <br />any subsequent correspondence concerning our citizen's <br />complaint. <br />ThiF letter j,s ay formal demand, if you will, that a <br />proper, and lawful determination be made as we :have now <br />entered the 12th month since our complaint was made and the <br />law has not been complied with. <br />I am 'enclosing, for your file anfl consideration, a copy <br />of our January 19, 1994, letter to Daniel Hernandez, state <br />of Colorado Division of Minerals and Geology, as well as the <br />pa'r`_ial transcript', referred to in`our January 19, 1994, <br />letter of Ron Tho'r~pson, Mine Engineer for Basin Resources. <br />My records indicate that this information was provided to <br />you in January, 1994. Mr. Thompsoh~s testimony indicates <br />that the mine did not case the airshaft' correctly, the <br />airshaft continues to leak 20 gallons of water a minute at <br />the bottom of .the hole. This certainly explains Why a 4 <br />inch borehole close to an improperly cased 10 ft. plus bore <br />hole has suffered a drop in water level. <br />We have determined that water does exist in the well, <br />however, the water is below the pump and therefore does not <br />loork. The water level did not drop until Hasin drilled the <br />big exhau§t airshaft close to the well. <br />