GENERAL52860

• Permit No: C1981013
• IBM Index Class Name: General Documents
• Doc Date: 8/17/1995
• Doc Name: TATUM WATER WELL INFORMAL REVIEW REQUEST
• From: JIM TATUM & ASSOCIATES
• To: WESTERN REGIONAL COORDINATING CENTER
• Permit Index Doc Type: CITIZEN COMPLAINTS
• Media Type: D
• Archive: No

'll Iy"y,!IIII„ ~II ~ Law Offices of
Jun Tatum & Associates r.o. Box 2s
8; 03 Bonhomme 12630 Hwy. 12
Houston, Texas 77074 /' ~ ~/// Weston, Colorado 81091
[phone] /"" ~ d 7 / (/
[phone]
Telecopier / ~~ --r Telecopier
[phone] (' ~ L ~~ [phone]
~a w ~' C~fl' ~sc:~r! RECEIVED
p/~ ~ ~,~ ~- AUG 1 7 1995
August 12, 1995
Mr. Rick Seibel
Regional Director, Western Regional
1999 S. Broadway Suite 3320
Denver, Colorado 80202-5733
RE: Tatum Water Well
Informal Review Reguest
Mr. Seibel:
Division of M~nerais ~ ueoioyv
Coordinating eC nter
\L
~1"
We are in receipt of the 3uri~28, 1995, },after from
James Fulton, Denver Field Manager, with re-€~rence to the
decision reached by the Division of Mineral and Geology and
the Office of Surface Mining, concerning the Ten Day Notice
issued to the State of Colorado regarding our water well.
Pursuant to 30 CFR 842.15 we are requesting a review of
the findings issued on June 6, 1995, and Mr. Fulton's June
28, 1995, letter.
Mr. Fulton states in his June 28, 1995, letter that the
State found that "it is likely the water level in the well
was influenced by the adjacent underground workings and
exhaust shaft" and that "the operator took measures to
minimize hydrologic impacts in the area of the well". The
operator is REQUIRED by LALd to take preventive measures to
protect the well. Both the State and OSM admit that the
measures taken by the operator were INADEQUATE in protecting
our water well.
The State acted arbitrarily, capriciously, and abused
its discretion.
Further, Mr. Fulton states that the water well was not
included in the permit application - water wells
historically are not included in permit applications, nor
are they required to b~~ included in permit applications.
What neither the E?tate or OSI~' address is the fact that we,
the land owners, placed the operator on written notice to
"protect our wa;.:~r wcil•~. I•!st only was the well not
protected it is no lonc;r~, .~;~rable of producing a useable
quantity of water.