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<br />(~' <br />November 8, 1994 <br />Mr. Steve Rathburn <br />Office of Surface Mining <br />505 Marquette Ave. N.W. <br />Suite 1200 <br />Albuquerque, New Mexico 87102 <br />RE: Tatum's Citizen Complaint; Filed November 30, 1994; <br />No. CC-93-020-008 <br />Mr. Rathburn: <br />We filed a citizen's complaint on November 30, 1993. I <br />am enclosing a copy for your convenience. <br />You responded on December 7, 1993, stating that a ten <br />day notice letter had been sent to Basin. I am requesting <br />~ copies of their response to the 10-day notice letter, and <br />-' any subsequent correspondence concerning our citizen's <br />complaint. <br />This letter is my formal demand, if you will, that 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 complied with. <br />I am enclosing, for your file and consideration, a copy <br />of our January 19, 1994, letter to Daniel Hernandez, State <br />of Colorado Division of Minerals and Geology, as well as the <br />partial transcript, referred to in our January 19, 1994, <br />letter of Ron Thompson, Mine Engineer for Basin Resources. <br />My records indicate that this information was provided to <br />you in January, 1994. Mr. Thompson's testimony indicates <br />that the mine did not case the airshaft correctly, the <br />airshaft continues to leak 20 gallons 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 l0 ft. plus bore <br />hole has suffered a drop in water level. <br />We have determined that water does exist in the well, <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 exhaust airshaft close to the well. <br />~iV1~So.,Qo~ <br />