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Because Mr. Geri[y offers opinions about the fundamental mechanics of subsidence at the <br />Golden Eagle Mine in support of his opinion that subsidence continues to cause damage to the <br />Tatum residence, Basin must be allowed the opportunity to address those issues. <br />For the reasons stated above, Basin Resources requests that the motion made by the <br />Division and the Tatums be denied. <br />Respectfully Submitted, <br />DAVIS, GRAHAM & STLTBBS LLP <br />By: J <br />Scot W. Anderson <br />1550 Seventeenth Street, Suite 500 <br />Denver, Colorado 80202 <br />Telephone: (303) 892-9400 <br />Fax: (303) 893-1379 <br />ATTORNEY FOR BASIN RESOURCES, INC. <br />-9- <br />