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On August 31:1998, we received a copy of a letter dated August 29, I998 sent by Ann Tatum to <br />Rick Seibel s[ OSbL In this letter, Ms. Tatum provided copies of two surveys conducted'in 1993 by <br />Mincic Surveying of Trinidad Colorado_ In this setter, bIs_ Tatum states: <br />`Neither you, Michael Rosenthal, nor James Pendleton utilized the information in the <br />August t6, 1993 Mincic survey. This survey was hidden hour us until the actual trial <br />_- against Basin (Resources) was underway." <br />The August 16, 1993 survey is, among otter things, an elevation survey of three monuments erected <br />near a railroad tha[ tuns through a portion of the Tatums' property. The railroad is south of the <br />principal Tatum residential structure. Two of these monumetts are situated over the Ist North <br />Main at the Go]dea Eagle Mine (1=lgure 1), and the third lies approximately 350 feet to the east of <br />the main. A review of our fAes did not ford a copy of the August 16,1993 survey. This survey was, <br />however, fotmd is court records, listed apparently as "Plaintiffs' Exhibit FFFFF". <br />Our files indicate that with the inclusion of the August 1993 survey, at least four surveys of these <br />monuments have been conducted. Our permit documents do not seem to indicate that any of these <br />foar surveys were required by the Division to be conducted or submitted. <br />Oa May 11;1995, Ann Tatum provided to the Division copies of a May 1988 survey (considered to <br />be the baseline stuvcy) and an April 1995 survey of the railroad tnonumrnts. Both of these surveys <br />were .apparently conducted by Basin Resources personnel. These surveys indicated that the <br />montanent closest to the crnter of the Ist North Main was surveyed as being 1.86 inches higher in <br />elevation is 1995 than in 1988, that the monumear nearec:the~ut edge of the main was surveyed as <br />being 1.032 inches lower in eIevatioa in 1995 than in 1988, and that the monument to the east of the <br />main was 12b inches higher in elevation in 1995 than in 1988. <br />Jim Pendleton reviewed these surveys. In a memo to Sawn Mc.Cannoa dated"May 24, 1995, Jim <br />did not,deteimine that the surveys indicated that theTatum's~tiue was being affected by <br />underground none subsidence. Susan McCannon provided $:y of Jim's memo co Ann Tatum via <br />a lettci dated Jane 7, 1995. <br />Oa hiZy 19, 1995, Ann Tatum provided OSM and the Division•a copy of a July 1993 Mincic survey <br />of•tlte railroad monuments. Thin survey indicated that the~moattmrnt sitaated near the center of the <br />main-was measated ~2 inches lower in elevation than in 198$;~tre monument nearer the edge of <br />the main was measured S.S inches lower in elevation than in 1988, and the moatrment that lay to the <br />east of the main was at the same elevation as measured in 1988::. <br />Sown McCannon, yin an August 23, 1995 memo, informed Ana Tatum that since February t6, <br />1995, the Division had received four additional reports from the Tatums and had conducted two <br />additional oa-site inspections with OSM's Dr. Jesse Craft and• OSM's Dr. I{ewal Kohli. Susan <br />indicated that the Division continued to conclude that the Ta[um struenrre was not subject to mine <br />subsidence. OSM additionally informed Ann Tatum in a memo dated October 13, 1995 that it <br />considered the Jaly 1993 Mincic survey, though incomplete, to be within allowable survey error. <br />Yom; :~ <br />A r, <br />'~: <br />__ <br />r 1 <br />.... <br />.. .. ,.. <br />.. ,._..: t:....~. ~ ... <br />