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'1 <br /> <br />Mr. Daniel I. Hernandez <br />November 9, 1994 <br />Page 2 <br />b. Regarding the ground water, sump pump_and drain in the <br />basement. This house stood for over 60 years with the same <br />location, irrigation_patterns, and probable water level depths <br />below ground with no evidence of subsidence and_cracking. Why do <br />__ youu_think.this damage is now being caused by the same ground water <br />conditions that have existed over 60 years without problems? <br />4. The mine was required by statute to set bench marks and <br />carefully monitor for subsidence before they mined under our. <br />___ _~roperty. The mine also represented to us in the May 19, 1988, <br />letter that this would be done and of course they claim that it was <br />- not. Why was the law not enforced? <br />5. -You refer to Annual Hydrology-Repor-ts.-..P-lease:_advise us if <br />__ any report prior_to_199.0, reflects that our water_level in our well <br />had dropped below 100 feet. in any event, advise us of the water <br />level of our well reflected in any such_report. <br />6. Colorado Revised Statutes 34-48-106 provides for security to <br />be posted by anyone mining under another's property. Your office <br />says that the mine does not have.to post security. Please explain <br />your .reasoning and basis for this posture. <br />._ -:Very. truly yours, <br />JI TATUM AND ASSOC TES <br />~~' -- <br />Ji T tum <br />JT\dbl <br />cc :. Office of Surface. Mining. <br />