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JIM TATUM <br />ATTORNEY AT LAW <br />Telephone [719) 846.0149 <br />November 3, 2003 <br />Mr. David Berry <br />Colorado Division of Minerals and Geology <br />1313 Sherman St. Rm. 215 <br />Denver, Colorado 80203 <br />RE: Tatum Property/Basin <br />Mr. Berry: <br />Facsimile (719) 8460159 <br />RECEB\IE® <br />NOV ~ S X803 <br />Oivisien of Minerals and Geology <br />The saga of the ruined water well and water bearing strata continues to evolve: <br />1. You are aware that the IMSHA inspector, Don Jordan, advised us in the <br />December 2002, trial that the bore hole was not cased and it produced a <br />considerable amount of water at the bottom of the hole for a considerable <br />length of time which one would expect. David Huey, (mine supervisor <br />foreman) also testified that the airshaft was not cased and large amounts of <br />water were at the bottom of the airshaft. <br />2. Basin has maintained that the 600 ft. deep 14 foot diameter bore hole was <br />cased. To my knowledge, no proof of any kind has ever been produced, nor <br />the names of any person who supposedly performed the work. There would <br />be rig records, bills for 600 ft. of casing, labor invoices, contracts, etc. for a <br />job of this magnitude. Has any one ever produced any credible evidence that <br />the hole was actually cased? No!! But we have experienced years of stalling <br />and delay for no justifiable reason. <br />3. It cannot be argued that the water bearing strata in my well or any nearby <br />prospective well down to the level of the mine in the area cannot produce <br />water. My water well at the bunkhouse has been damaged. <br />4. Our pasture is left without water. All of the garbage about "adjudicated well <br />water, etc." is irrelevant and immaterial. The well predated the registration <br />law and is exempt. Why will your agency not protect the land and the <br />mineral? I own 100% of both. <br />5. Ron~Thompson who testified under oath that t}ie.airshaft was cased has now <br />told me that'a perforated screen was installed somewhere in the airshaft. It is <br />not too hard to understand why all of the water went into the uncased air shaft. <br />129 North Commercial Street Trinidad, Colorado 81082 <br />