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On August 31, 1998, we received a copy of a letter dated Au~us[ 29. 1998 sent by Ann Tatum to Rick Seibel at OSM. In this letter, Ms. Tatum provided copies of two surveys conducted in 1993 by Mincic Surveying of Trinidad, Colorado. In this letter, Ms. Tatum states: "Neither you, Michael Rosenthal, nor James Pendleton utilized the information in the August 16, 1993 Mincic survey. This survey was hidden from us until the actual trial against Basin (Resources) .vas underway." The August 16, 1993 survey is, among other things, an elevation survey of three monuments erected near a railroad that runs through a portion of the Tatums' property. The railroad is south of the principal Tatum residential structure. Two of these monuments aze situated over the 1st North Main at the Golden Eagle Mine (Figure 1), and the third lies approximately 350 feet to the east of the main. A review of our files did not find a copy of the August 16, 1993 survey. This survey was, however, found in court records, listed apparently as "Plaintiffs' Exhibit FFFFF". Our files indicate that with the inclusion of the August 1993 survey, at least four surveys of these monuments have been conducted. Our permit documents do not seem to indicate that any of these four surveys were required by the Division to be conducted or submitted. On May 11, 1995, Ann Tatum provided to the Division copies of a May 1988 survey (considered to be the baseline survey) and an April 1995 survey of the railroad monuments. Both of these surveys were apparently conducted by Basin Resources personnel. These surveys indicated that the monument closest to the center of the 1st North Main was surveyed as being 1.86 inches hisher in elevation in 1995 than in 1988, that the monument nearer the east edge of the main was surveyed as being 1.032 inches lower in elevation in 1995 than in 1988, and that the monument to the east of the main was 1.26 inches hieher in elevation in 1995 than in 1988. Jim Pendleton reviewed these surveys. In a memo to Susan McCannon dated May 24, 1995, Jim did not determine that the surveys indicated that the Tatum structure was being affected by underground mine subsidence. Susan McCannon provided a copy of Jim's memo to Ann Tatum via a letter dated June 7, 1995. On July 19, 1995, Ann Tatum provided OSM and the Division a copy of a July 1993 Mincic survey of [he railroad monuments. This survey indicated that the monument situated near the center of the main was measured 4.32 inches lower in elevation than in 1988, the monument nearer the edge of the main was measured 5.5 inches lower in elevation than in 1988, and the monument that lay to the east of the main was at the same elevation as measured in 1988. Susan McCannon, via an August 23, 199 memo, informed Ann Tatum that since February 16, 1995, the Division had received four additional reports from the Tatums and had conducted two additional on-site inspections with OSM's Dr. Jesse Craft and OSM's Dr. Kewal Kohli. Susan indicated that the Division continued to conclude that the Tatum structure was not subject to mine subsidence. OSM additionally informed Ann Tatum in a memo dated October 13, 1995 that it considered the Ju]y 1993 Mincic survey, though incomplete, to be within allowable survey error.