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1E3r1-12-95 THU 19:03 P. 05 <br />November 8, 1994 <br />Page 4 <br /> <br />for failure tp conduct a subsidence monitoring and <br />subsidence control plan or failure to provide a detailed <br />plan of the proposed or actual underground working of the <br />mine. These findings are totally inappropriate and not <br />based on fact. With regard to the above: <br /> <br />a. Please furnish me with the maps referred to in the <br />January 19, 1994, letter from Daniel Hernandez to <br />Mitchell Rollings; <br />Ll. iCUll 11lVLIFI~UIi VL Naaa llf b4bl.LL1CV 4111~C1 Vu H/ 4.- .l <br />.deposition on December 10, 1993, that the First Mine <br />was closed and could not be viewed for confirmation of <br />the condition of the mine, etc. How do we confirm any <br />information provided to us with reference to the actual <br />mining that took place at the First Mine when we know <br />J that'the mine does not comply with the rules, <br />` a d'misrepresents the facts as it suits them? <br />t c~ 2. Damage to Structure letter dated July 7, 1993, <br />~ from Daniel Hernandez to Jim Tatum contains many <br />statements or opinions of Mr. .Hernandez that can't <br />stand the light of day. The discharge drain from the <br />gravity discharge drain is clearly visible; <br />the steam heater in the home emits steam for heat <br />obviously, steam comes from water so we add water <br />as needed; the mine is not, and I repeat is not, 750 _ <br />feet from my home. The distance from my home to the <br />mine is from 200 -3Q0 feet, a fact whic.';.the mint has <br />now admitted; according to Mr. HernandeZ~s own <br />calculations, paragraph 1, 2, and 3, page 3, using the <br />correct distance of 200 - 300 plus feet from the <br />mine to my home we are clearly in the subsidence area. <br />The mine clearly difl not notify your Department that <br />our home was within the. subsidence area and NOT 750 <br />feet from the mine. An oversight on their part? More <br />like a total misrepresentation of the facts. <br />d. Our December 1, 1991, letter to Hernande2 Could not <br />have been taken into consideration in light of the <br />Department's findings. <br /> <br />e. Steve Renner's letter of January 19, 1993, states <br />that "an inspection conducted on Sanuary 13, 1993, <br />revealed that two trees directly in front of the <br />exhaust fari were now showing signs or distress.° The <br />two trees referred to were healthy prior to the mine <br />installing the exhaust fan. We have not received any <br />confirmation that these fumes will not affect livestock <br />