ENFORCE35100

• Permit No: C1981013
• IBM Index Class Name: Enforcement
• Doc Date: 4/19/2001
• Doc Name: PREHEARING BRIEF OF BASIN RESOURCES INC
• Violation No.: CV2000009
• Media Type: D
• Archive: No

•.3AN=12-95 THU 19;0]

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Law Offims of
Jim Tatum & Associates
P. 02 ..
P.O. Box 86
12630 Hwy_ 12
Weston, Colorado 8109]
[phone]
Teleeopia
(719) 86d46I2
8703 Bonhommc
Houston Texas 7!074
~p73) 995.7045
Telecopks
(713j995-7191
November 8, 1994
Mr. Steve Rathburn
office of Surface Mining ~ .
SnS VRrr~.ctt,. }.~ li N ,
Suite 1200.
AlbuquerquJe, Now Mexico, 87102'
RE: Tattlm~s Citizen ColGplaint; Filed November 30, 1994;
' NO. CC-93-020-008
Mr. Rathburn:
We filed a citizen*s.complaint 'on November 30, 1993. I
am enclosing a copy for your convenience.
~~ You responded bn December 7, 1993,,statfng that a ten
dad! notice letter had been sent to Basin. I am requesting
copies of tlyeir response .to the~10-day notice letter, and
any. subsequent correspondence: concerning, our ditizen•s
.complaint.
Thi.F lettaT is ny formal :dema7ld; i! 'you ..will, that .a
proper, and lawful determination be .made as we ;have .now
entered the 12th month since our complaitlt.was.made.and the
law has not been complied with.
I.am~enclosinq, for your_file and consideration, a.copy
of our January i9; 1994, letter to_Daniel Hernandez, state
of Colorado Division of Minerals and Geology; as well as the'
pa"r`ial transcript, :referred-to.:1n'eur January 19, 1994,
letter .of Ron.Tho'mpson, Mine Engineer for: Basin Resources.
My..records indicate:-.that this information was provided to
you in January, 1994. Mr: Thompson'.s testimony indicates
that.the mine did not case Ehe airshafti correctly, the
airshaft continues to leak 20. gallons of. water a minute at
the bottom of .the hole. This certainly explains .why a 4
inch borehole close to an iiaproperly cased l0 ft, plus bore
hole has suffered a drop .in water level.
We have determined that water does exist in the well,
however, the water is below the pump and therefore does not
work. The water level did not drop until Basin drilled the
big exhaust airshaft close to the well.