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8703 Eonhomme <br />Houton, Texas 77074 <br />(713) 9957045 <br />Teleeopier <br />(713) 9957191 <br />' Law Offices of <br />Jim Tatum & Associates <br />p.o. eox za <br />12630 Hwy.12 <br />Weston, Colorado 81091 <br />(719)86&3310 <br />Teleeopier <br />(719)868-2612 <br />August 29, 1998 <br />Mr. Rick Seibel <br />Office of Surface Mining <br />1999 Broadway, Suite 3302 <br />Denver, Colorado 80202-5733 <br />Mr. Seibel <br />Thank you for your letter of August 24i6. I read your response with delight and a <br />considerable amount of amusement. Your response did not disappoint me, as I knew that <br />you and/or the author of the August 24~ letter would tighten the noose thus providing me <br />with the opportunity to proceed with the present course of action that I have initiated. <br />In an effort to educate and assist you in comprehending the information that I will <br />be providing you herein, I am enclosing several attachments. They are identified as <br />follows: <br />a. Mincic Survey dated July 28, 1993 <br />b. Mincic Survey dated August 16, 1993 <br />c. Excerpts from the SDPS User's Manual; <br />d. Memo's from Pioneer Engineering <br />e. Your August 1, 19951etter <br />f. Ed Kay's January 18, 1995 letter <br />g. Charles Sandberg's January 19,1995 letter <br />The Mincic surveys indicate that the railroad behind our home "subsided '/~ foot". <br />Your August 1, 19951etter was incorrect, as is your August 24, 19981etter. Neither you, <br />Michael Rosenthal, nor James Pendleton utilized the information in the August 16, 1993 <br />Mincic survey. This survey was hidden from us until the actual trial against Basin was <br />underway. If it is your contention that you had access to the August 16, 1993 <br />information, why did OSM continue to state that no subsidence had occurred on the <br />railroad? <br />mow, <br />