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RECEIVED ~~~ ~~~~~~~~~~~~~~~~ <br />999 <br />FEB 2 3 2001 <br />Division of Minerals and GealagY <br />BEFORE THE ) <br />MINED LAND RECLAMATION BOARD ) <br />1 Notice of Violation <br />STATE OF COLORADO ) No. CV-2000-009 <br />RESPONSE OF BASIN RESOURCES, INC. TO JOINT MOTION <br />TO EXCLUDE EVIDENCE <br />The Colorado Division of Minerals and Geology (the Division) and Jim and Ann Tatum <br />(the Tatums) have filed a joint motion seeking to prevent experts on behalf of Basin Resources, <br />Inc. (Basin) from providing certain kinds of testimony concerning whether coal mine subsidence <br />caused existing damage at the Tatum house. Basin requests that the Boazd deny this motion and <br />consider all evidence available to "ascertain facts affecting the substantial rights of the parties to <br />[this] proceeding." State Administrative Procedure Act, Colo. Rev. Stat. § 24-4-105(7). <br />SUMMARY <br />In 1993, the Tatums initiated a citizens complaint alleging subsidence caused by the <br />Golden Eagle Mine damaged their house by causing cracks in the stucco and adobe. The <br />Division and the United States Office of Surface Mining (OSM) conducted a thorough <br />investigation of this complaint, and both agencies determined that subsidence from the Golden <br />Eagle Mine did not affect the Tatum house. Dissatisfied with the agencies' actions, the Tatums <br />included their subsidence damage claims in a lawsuit brought against Basin over a water rights <br />dispute. As part of its resolution of that civil action, the District Court, Las Animas County, <br />Colorado, held in 1997 that subsidence related to the Golden Eagle Mine damaged the Tatum <br />DGS W-756166.5 <br />07/77/7001 4:08 PM <br />