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ti <br />Mr. Daniel I. Hernandez <br />November 9, 1994 <br />Page 2 <br />b. Regarding the ground water sump pump and drain in the <br />basement. This house stood for over 60 years with the same <br />location, irrigation patterns, and probable water level depths <br />below ground with no evidence of subsidence and cracking. Why do <br />you think this damage is now being caused by the same ground water <br />conditions that have existed over 60 years without problems? <br />4. The mine was required by statute to set bench marks and <br />car.efull.y monitor for subsidence before they mined under our <br />property. The mine also represented to us in the May 19, 1988, <br />letter that this would be done and of course they claim that .it was <br />not. Why was the law not enforced? <br />5. You refer. to Annual Hydrology Reports. Please advise us i.f <br />any report prior to 1990, reflects that our water level in our well <br />had dropped below ].QO feet. Tn any event, advise us of the waiPr <br />level of our well reflected in any such report. <br />6. Colorado Revised Statutes 34-48-].06 provides for security to <br />be posted by anyone mining under another's property. Your office <br />says that the mine does not have to post security. Please explain <br />your reasoning and basis for this posture. <br />Very truly yours, <br />JI TATUM AND ASSOC TES <br />~ ~ ~~ ~~~ <br />Ji T tum <br />JT\dbl <br />cc: Office of Surface Mining <br />