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Mr. Jim Tatum -5- December 6, 1994 <br />"7. Retain the services of a qualified plumbing contractor to lower the elevation of the <br />retrofitted gravity-style sump pit drain so that it drains the pit from the bottom/side, <br />provide continuous 1/4" slope per foot, and discharges beyond the bank north of the <br />home. " <br />"8. Retain the service of a qualified landscape or general contractor to improve drainage <br />around the foundation to achieve not less than 1/2" fall per. foot for at least five feet <br />away from the foundation." <br />4. "The mine was required by statute to set bench marks and carefully monitor for subsidence <br />before they mined under our property. The mine also represented to us in the May 1988 <br />letter that this would be done and of course it was not. Why was the law not enforced?" <br />As we discussed in our letter of December 17, 1993, the permit application for the Golden <br />Eagle Mine does not require that the referenced surface area be monitored for subsidence <br />until one month prior to undermining of the adobe structures. This is stated in Stipulation <br />No. 28, which, in turn, refers to Section 2.05.6(6)(c)(i)(D) of the Board's Regulations. <br />Map 3, which shows the mine plan, and Map 16, which shows the location of the adobe <br />buildings, indicate that the adobe structures have not been undermined. Subsidence <br />monitoring of your buildings was therefore not required and has therefore not occurred as far <br />as we know. <br />5. "You refer to Annual Hydrology Reports. Please advise if any report prior to 1990 reflects <br />that our water level in our well had dropped below 100 feet. In any event, advise us of the <br />water level of our well reflected in any such report." <br />Our review of the Annual Hydrology Reports on file in our office does not indicate that your <br />well north of Colorado State Highway 12 has ever been designated as an observation or <br />monitoring well. As such, the Annual Hydrology Reports do not contain information <br />regarding the historical or current water levels of this well. <br />6. "Colorado Revised Statutes 34-48-106 provides for security to be posted by anyone mining <br />under another's property. Your office says that the mine does not have to post security. <br />Please explain your reasoning and basis for this posture." <br />Our review of the Colorado Revised Statutes indicates that when CRS 34-48-106 was passed, <br />certain operations were excluded. These excluded operations included coal mines. <br />Regardless of this, the Coal Program has no authority over coal mining operations pursuant <br />to CRS 34-48-106. Rather, the Coal Program's authority for the regulation of coal mining <br />and reclamation in Colorado lies solely within the Colorado Surface Coal Mining <br />Reclamation Act (CRS 34-33-101), as described in 34-33-104 and 105. In accordance with <br />CRS 34-33-113 and the Board's Regulations at Section 3.02, coal mining operators are <br />specifically required to post performance bonds with the DMG. Basin Resources currently <br />