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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 7 3 t 3 Sherman St, Room zl s C O L D RA D O Denver, GOI02d0 80203 DIVISION O F Phone: (303) 8664567 ~~Q M I N FORA L S FAX: (303) 832A706 -` GEOLOGY ~ _~ 0.ECLANATION•NININO February 4, 2004 ~~~- fAl ET Y•ECIlN CE Bill Owens Mr. Jim Tatum and Ms. Ann Tatum covemor 129 North Commercial Street tree E. watcher Trinidad, CO 81082 Executive Diretlor Ronald W. Cattany Division Director Re: Complaint letters of January 9 and 19, 2004 - Permit No. C-1981-013 Natual Resource rruuee Mr. And Ms. Tatum: This letter is written in response to your letters dated January 9, 2004 and January 19, 2004 (received January 12, 2004 and January 21, 2004, respectively). The January 12, 20041etter states your position regazding water loss at two wells. The January 19, 2004 letter clarifies that the January 12, 20041etter is to be considered a new complaint. It is our understanding that your complaint refers to the well located neaz the Golden Eagle Mine Northwest Airshaft (Tatum Windmill Well) and to a well located at or neaz your bunkhouse. Tatum Windmill Well The Division of Minerals and Geology previously investigated the claim regazding daulage to the water well located neaz the Northwest Airshaft, with a final report issued on June 6, 1995. This investigation refers to the well as the Tatum Windmill Well. This investigation documented, in part, the nonfunctional condition of the well in question. The investigation also documented that although the area adjacent to the shaft was injection grouted, water was known to be entering the shaft, and that such inflow of water to the shaft likely impacted the neazby well. Based upon the many observations and facts presented in the June 6, 1995, it was concluded that no injury occurred. The Interior Board of Land Appeals upheld this conclusion in their January 5, 2000 ruling (IBLA 96-90,96-91). It is our understanding that the January 5, 2000 was never appealed. This conclusion was also corroborated by the District Court, County of Las Animas Case No. 92 CV 127 dated December 1, 1997. It is our understanding that this decision was also not appealed. Based upon the previous investigations and rulings referenced above, and based on the fact that the pertinent bases for the investigation and rulings do not appeaz to have changed, we cannot find that a new damage claim is warranted. Office of orate or c.olora°o Mined Land Reclamation Active and Inactive Mines ~ Geological Survey