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~I~ ~I~~I~~~~~~~~ ~I~ <br />899 <br />~~/-:- <br />KRASSA, LINDHOLM, KUNII.I & MADSEN <br />Shayne M. Medsen <br />Karl F. Kumli, III• <br />Dsvid C. Lindholm <br />Robert F. T. Knsae, P.C.•• <br />Robin A. Byen <br />Stephen C. Miller, P.C., Of Coutsrel <br />•A4o Admitted to Practice In California <br />••Also Admited ro Practice in Washington <br />Attorneys aad Counselors et Law <br />Three Pearl Plaza - West Tower <br />4888 Pearl East Circle, Suite 202W <br />Boulder. Colorado 80301 <br />Telephone (303) 442-2156 <br />Facsimile (303) 443-3617 <br />December 23, 1993 <br />Mr. Robert H. Hagen, Director <br />Albuquerque Field Office <br />Office of S'~rface Mining <br />505 Marquette Ave., Suite 1200 <br />Albuquerque, NM 87102 <br />Re: Raton West/Basin Resources <br />Dear Mr. Hagen: <br />-._ , <br />Puebb Office <br />1127 N. EI'vabeth Sl. <br />Atebb, Colonub81003 <br />(719)542-3945 <br />(119) 5423947 ficmtrule <br />Pleau Dltm CorrtsPwtdmce <br />ra Boulder Office <br />1?'nG7 iC`~i <br />This letter will respond to your inquiry dated November 16 <br />concerning my evaluation of the handling by the Colorado Division <br />of Minerals and Geology of a complaint which I filed with that <br />office on behalf of my client, Raton west - Baldwin Ltd. <br />Development concerning the Golden Eagle Mine which is operated by <br />Basin Resources, Inc. <br />My client owns the surface, and Basin owns the severed <br />underlying coal interest. Our complaint concerns the complete <br />absence of subsidence monitoring on the area owned by my client, <br />and under which Basin has commenced longwall mining, as well as <br />abatement or bonding against damage from subsidence. There are <br />significant surface improvements including a lodge and related <br />structures, a water well, a water main, and electric utilities, all <br />of which are subject to damage from subsidence. <br />At this point in time, I have good and bad news to report. It <br />is my impression that DMG's July 26 response to our April 7 citizen <br />complaint letter may have simply been an effort not to deal with <br />the subsidence issue. This is understandable but not justifiable. <br />It is understandable because, as far as I know, DMG has never dealt <br />with a subsidence issue in a severed ownership context. It is not <br />justifiable because existing Colorado law, and Colorado Coal <br />Regulations, provide an adequate framework to deal with the <br />problem. <br />Basin Resources was cited by DMG for a "continued pattern of <br />violations" at the Golden Eagle Mine, which is the mine proceeding <br />under my client's property, which went to hearing before the <br />Colorado Mined Land Reclamation Board on December 16. Raton West <br />participated in that hearing. Both DMG and the Board rejected our <br />P'.uvd a R.rKi.d Pepe <br />m _. <br />