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November 10, 1994 <br />Page 2 <br />In cause No. 94 CV 35, Tatum vs. Basin Resources, Inc. <br />et al, District Court Las Animas County, Colorado, we filed <br />our first request for production, request for admissions, <br />and interrogatories to Basin in August, 1994. Basin <br />responded to same in October, 1994. In their response to <br />this discovery Basin stated <br />ADMISSION 4. Admit that the ultimate responsibility to <br />clean up the spill and control emissions is that of BRI's as <br />the owner and operator of the mine as the permittee for the <br />operation. <br />RESPONSE: "Deny" <br />INTERROGATORY 4: Identify the names and addresses of any and <br />all parties who have complained of pollution caused by your <br />coal hauling operations between the Golden Eagle and New Elk <br />Mines. <br />RESPONSE: "See attached document produced herewith." <br />They provided the copy of the "Petition" that I am <br />including as an enclosure. They neglected to produce any <br />correspondence from the Las Animas County Planner's Office. <br />I am in the process of obtaining this information and will <br />provide you same at a later date. <br />INTERROGATORY 8: Describe exactly the dates and means of <br />doing so to water coal stockpiles so as to provide fugitive <br />control measures from July, 1992, to the present time. <br />RESPONSE: "Stockpile dust control began in the Fall of <br />1992. The dust control consists the spray <br />application of a dust control chemical from a <br />hose attached to water truck." <br />Our first discovery in the above referenced cause of <br />action served on Earl White, the former president of Basin <br />was answered ir. August as well. Interrogatory number 8 was <br />propounded to him as follows: <br />INTERROGATORY 8. State the date you first caused all coal <br />trucks and/or trailers to be washed or blown off before <br />coming onto Colorado State Highway 12. <br />RESPONSE No. 8." From the inception of the coal hauling <br />operation, the following measures were used <br />to prevent coal from escaping the trucks: <br />design of the trucks and the loading process <br />itself was designed to settle the coal in the <br />beds of the trucks; a washing facility was <br />available for use by drivers to wash the <br />