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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman SL, Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 8663567 <br />FAX: (303) 832-8106 <br />May 6, 2004 <br />Mr. Jim Tatum and Ms. Ann Tatum <br />129 North Commercial Street <br />Trinidad, CO 81082 <br />Re: Citizen Complaint-Permit No. C-1981-O13 <br />Mr. and Ms. Tatum: <br />COLORADO <br />DIVISION O E <br />MINEERALS <br />GEOLOGY <br />0.ECLAMATION•MINING <br />SAFETY•SOIENCE <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Cottony <br />Division Director <br />Natural Resource Trustee <br />This letter is written to summarize the record regazding your Citizen's Complaint letters <br />dated January 9, 2004 and January 19, 2004 (received January 12, 2004 and January 21, <br />2004, respectively). The January 9, 2004 letter states your position regazding water loss <br />at two wells, and the January 19, 20041etter clarifies the intent of the January 9, 2004 <br />letter. The two wells are the Tatum Windmill Well and a well located at or neaz your <br />bunkhouse (Bunkhouse Well). The Division of Minerals and Geology (DMG) responded <br />to your complaint letters by letter dated February 4, 2004. <br />Our position regarding the Tatum Windmill Well is described in the DMG letter of <br />February 4, 2004. The February 4, 2004 letter provides the following conclusion <br />regazding the Tatum Windmill Well: "Based upon the previous investigations and <br />rulings referenced above, and based on the fact that the pertinent bases for the <br />investigation and rulings do not appeaz to have changed, we cannot find that a new <br />damage claim is warranted". <br />With regard to the Bunkhouse Well, the DMG letter of February 4, 2004 requested <br />detailed information necessary to substantiate the damage claim and necessary for us to <br />proceed with an investigation. On Februazy 10, 2004 you responded to the DMG letter of <br />February 4, 2004. Your February 10, 2004 response letter still lacked sufficient evidence <br />for DMG to proceed with a damage investigation. In the absence of a sufficient <br />evidentiary basis, we aze unable to proceed with a damage investigation regarding the <br />Bunkhouse Well. <br />In conclusion, we are unable to proceed any further with an investigation of your damage <br />complaint regarding the Tatum Windmill Well and/or the Bunkhouse Well. <br />f--.. <br />Sincerely <br />v' erry <br />"C al Program Supervisor <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />