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JIM T,RTUM & RSSOCIRTES TEL~~-995-7191 May 11~ 3:11 No .002 P.04 May 11, 1995 Page 3 Z am enclosing a copy of a survey conducted by BRI on the railroad provided to our office by Holland and Hart, attorneys for I]KI. It would appear that subsidence is occurring on the railroad. I would like to have Mr. Pendleton's thoughts on the enclosed survey. I would like to know why the State has not been forthright in providing this information to us. The State has said that there is no subsidence on the railroad. While the movement at point B, 1 and 2 are minimal, Mr. Attwooll has stated that minimal movement, not catr,strophic movement, created the subsidence in our home. The engineers for the mine who performed the enclosed surveys appear to be well qualified. Both DMG and OSM have been relying on the fact and/or assurance that no movement has taken place on the railroad - HOWEVER THE MINE'S OWN ENGINEER'S SURVEY SHOWS SUBSIDENCE. I will be waiting for a written clarification from Mr. Pendleton in regard to the above. With reference to our water well issue: Please provide our Houston office with copies any and all information you have received from the Colorado State Engineer. A cursory review of the new federal guidelines referred to above, indicate that the mine should be responsible for replacing the well. The abandoned well theory will not stand the light of day, when both the mine and the State were put on written notice in 1991 and 1993 that this wall was to be protected. Please keep in mind that the mine, and air shaft that created the loss of water to my well, was operational in ]991. - therefore, according the Energy Policy Act, State, and Federal law, the mine is responsible for replacing my water well. Mr. Pendleton was correct in stating that steps need to be taken quickly to "delay" the damage the mine has. caused to my home. our structural engineer and contractor are in the process of determining what should be done. A copy oP the report will be provided as soon as it is completed. The party responsible for the damage should be Financially responsible for the repairs!!! That party is the mine!!! Not the Tatums. It would be a terrible loss and expanse to have to replace the entire structure - a cost of S350,000.00 to $450,000.00. Mr. Pendleton certainly had no knowledge of the replacement cost when he invited me to file suit.