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3AN-12-95 THU 19:01 III III III IIIIIII III <br />.. ,. .. - <br />:• <br /> <br />4 ~ <br />Law Offices of <br />Jim Tatum & Associates <br /> <br />8703 Bonllo[nn~ <br />Houston Tews 77074 <br />~(Tl3) 9957045 <br />Telecopla <br />(713)9957191 <br />- P.. 02 <br />P.O. Box 86 <br />12630 Hwy. t2 <br />Weston Colorado 81091 <br />(719)868-3310 <br />Tclempier <br />(719)868-2612 <br />November 8, 1994 <br /> <br />Mr. Steve Rathburn <br />Office of Surface Mining <br />SAG L~~..,.pttn T•.~ /., ~. <br />Suite 1200. <br />Albuquerque, New Mexico. 87302' <br />f <br />RE: Tatum's Citizen Complaint; <br />No. CC-93-020-008 <br />Mr. Rathburn: <br />Filed November 30, 1994; <br />We filed a citizen's complaint on November 30, 1993. I <br />am enclosing a copy for your coltvenience. <br />' .1 You responded on December 7, 1993, stating .that a ten <br />dad! notice letter had been sent to Basin. I am requesting <br />~coples of heir response .to the 10-day .>}otice letter, and <br />any subsequent correspondence. concerning. our Citizen's <br />complaint. <br />Thifi letter is Iny formal .demand, i! 'you will, tklat a <br />proper, and lawful determination be made as we :have now <br />entered the 12th month since our. complaint was made and the <br />law has not been compiled with. <br />I am'enciosinq, for your file and consideration, a copy <br />of our January i9, 1994, letter to .Daniel Hernandez, state <br />of Colorado Division of Minerals and Geology, as well as the <br />pa'r~ial transcript, referred to: in`our January 19, 1994, <br />letter of Ron Thompson, Mine Engineer !or Basin Resources. <br />My records indicate that this information was provided to <br />you in January, 1994. Mr. ThompsOri'.s testimony indicates <br />that the mine did not case the airshaft' correctly, the <br />airshaft continues to leak 20 gallops of water a minute at <br />the bottom of .the' hole. This certainly explains why a 4 <br />inch borehole close to an improperly cased 10 ft. plus bore <br />hole has suffered a drop in water level. <br />We have determined that water does exist in the yell, <br />however, the water is below the pump and therefore does not <br />Work. The water level did not drop until Basin drilled the <br />big exhau§t airshaft close to the well. <br />