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1111111111111111111 United States Department of the Interior OFFICE OF SURFACE MINING Ftt6mauon and En(or4mcm 7999 Broadway, $uia 3320 Drnva, Colorado 80202 5733 August 31, 1995 Mrs. Ann Tatum 8703 Bonhomme Houston, Texas 77074 Dear Mrs. Tatum: R~~FIVEQ SEP 0 5 1895 Division v. wiiaerais K Ueology The Office of Surface Mining Reclamation and Enforcement (OSM), Western Regional Coordinating Center (WRCC) received your letter of August 21, 1995 concerning Mr. Rosenthal's testimony and requesting responses to your letters of July 13, 18, and August 9. This letter will attempt to respond to your outstanding requests: On page 2 of your August 9 letter (Craft's Report), you pointed out that OSM has a final determination action pending on issues 1 and 3 wntained in the original Ten Day Notice (TDN) dated December 7, 1993. OSM's Albuquerque Field Office made a determination as to the appropriateness of the State's response on February 4, 1994 in a letter to Mr. Tatum. On January 18, 1995, in response to your request for informal review, OSM agreed to revisit the Field Office's decision on issues 1 and 3, after completion of the State's technical investigation. WRCC has subsequently provided technical assistance to the State on this issue as new information has been provided. The Colorado Division of Minerals and Geology (DMG) will forward the results of their investigations in a letter dated August 23, 1995. Upon review of the reports, WRCC will issue the final decision. 2. WRCC is forwarding the comments contained in your August 9, 1995 letter on the Craft Report to the State of Colorado for appropriate action. It should be noted that Mr. Craft's primary purpose in visiting the site was to evaluate if subsidence had occurred in the 1st North Panel, not to do an evaluation of your house. In his report he did make references to the structure and cited possible reasons for damage. In a discussion with Dr. Craft, he admitted an error exists concerning the presence of the front support poles. Dr. Craft provided the enclosed update to his report. 3. In response to your August 21 questions concerning Mr. Rosenthal's testimony at Tatum vs. Basin Resources, Inc., Mr. Rosenthal will be available to testify as to the facts about the permit and site visit, his observations, and analyses he performed, and his involvement in investigations and reports. He may express his professional opinion, as a mining engineer, regarding subsidence and other mining-related issues. He will not be expected to justify the conclusions drawn by Craft, Kohli or Pendleton