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-3- <br />As such, We Division believes that Basin Resources, Inc. is currently in compliance with <br />Colorado Iaw and the Rules, and further believes enforcement action under Rule 2.05.60 is <br />unwarranted. <br />Regarding compliance with Rule 4.20, the Division issued NOV C-93-115 on August 13, <br />1993 for the penuittce's failure to have had complied with Rule 4.20.2 regarding public <br />notices. The Division required We operator to notify or renotify all persons as required by <br />this Rule. Basin Resources completed all the required notifications on November 9, 1993, <br />and the Division terminated the NOV on November 11, 1993. As the Division concurred <br />with the permittee in 1988 regarding the mine's potential subsidence effects to the AVF, all <br />remaining portions of Rule 4.20 that pertain to ]Vlr. Tatum's property Gave been complied <br />with. <br />2. Failure to Comply with Rule 4.05.11(2) <br />The second alleged violation was for failure to prevent or control adverse impacts on <br />groundwater systems, specifically 14Ir. Jim Tatum's windmill well. Mr. Tatum alleges that <br />subsequent to his purchase of the pmperty in 1988, construction of the NW-1 exbaast fan <br />borehole caused his well to go dry. <br />Technical Revision No. 15, approved by the Division on November 27, 1990, addressed the <br />drilling of We borehole. Mr. Tatum's well is located approximately 800 feet to the south- <br />souWeast of the borehole. According to We 1984 Annual Hydrologic Report, this well, listed <br />as Well Number 10, was descn'bed as non-functional. <br />When Mr. Tatum first brought his concerns to the attention of the Division in December of <br />1992, Ure Division, in January of 1993, requested information from Mr. Tatum regarding the <br />well's production history. Failing to receive this information, the Division again requested <br />the information in July of 1993. <br />Mr. Tatum's December 1993 response indicates he is unable to provide specific information <br />regattling its completion, depth, historic water levels and historic productivity. Previous <br />correspondence from ]41r. Tatum indicates his well is not permitted with the Colorado <br />Division of Water Resources. Without this information, the Division cannot adequately <br />evaluate whether the well's lack of productivity is due to any potential impacts caused by the <br />