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10/30/2000 02:46 '1399"191 JIA1 T~TUPA ASSOC PAGE 03 <br />Page 2 <br />RE: Tatum-Basin <br />floor, movement of the walls and doors and new water damage in the office area and <br />several roof leaks which were observed on Saturday, October 28`" when it rained. As I <br />explained to you, movement in the walls of the home often create roof leaks when the <br />walls shift and the flat roof does not adhere to the exterior walls. Our foreman and Mrs. <br />Judy Wark witnessed the new interior water leaks on October 28`s when we were forced <br />to place several buckets throughout the house to catch the rainwater. <br />I related to you that we performed all evident subsidence cosmetic repairs in <br />1994, 1995. The exterior and interior of the home was repaired and painted. You <br />observed large cracks in the courtyard wall, the exterior east wall, and movement of the <br />exterior southern wall around the office windows as well as water damage in the office. <br />New cracks aze appearing at the base of the stairwell leading to the upstairs as well as <br />]azge cracks on both sides of the archway dividing the living and rock room. <br />You observed the damage to our southem pastuue wherein our water line was <br />leaking. "This leak damaged our pasture and created several areas where water created <br />large mud holes, which hindered our ability to move our livestock from pasture to pasture <br />and created a danger to our livestock. The leak was caused with continuing movement <br />and stress on the waterline, a direct result of the subsidence damage we are suffering. <br />The issue of subsidence damage to our property has been confirmed, verified, and <br />tined upon by both the local District Court and the United States Secretary of the Interior. <br />Our property and home was and is damaged by subsidence resulting from the <br />underground mining of Basin Resources, Inc. <br />Further I expressed our concerns regarding the "closure" of the methane vent on <br />the north side of our property. Mr. Ronald Thompson's August 18, 2000 letter (copy <br />enclosed) states that the Golden Eagle Mine ceased production on December 31, 1995. <br />With that fact established that the Golden Eagle mine was in production until <br />December 31, 1995 we are entitled to all remedies set forth in the Energy Policy Act of <br />October 24, 1992 (EPACT). <br />I am aware that Susan McCannon directed a Memorandum dated Mazch 19, 1998 <br />to Mike Long, Steve Brown, Jim Pendleton, and Dan Hernandez addressing her concerns <br />pertaining to the inspection of and subsequent District Court case wherein we prevailed <br />against Basin Resources, Inc. I am concerned that DMG took no action, in light of the <br />