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November 8, 1994 <br />Page 4 <br />for failure to 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 />a. Please furnish me with the maps referred to in the <br />January 19, 1994, letter from Daniel Hernandez to <br />Mitchell Rollings; <br />b. Ron Thompson of Basin testified under oath at a <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 />that the mine does not comply with the rules, <br />and misrepresents the facts as it suits them? <br />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 -300 feet, a fact which the mine 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 did 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 Hernandez could not <br />have been taken into consideration in light of the <br />Department's findings. <br />e. Steve Renner's letter of January 19, 1993, states <br />that "an inspection conducted on January 13, 1993, <br />revealed that two trees directly in front of the <br />exhaust fan were now showing signs of 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 />/^ <br />