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ENFORCE20085
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Last modified
8/24/2016 7:24:22 PM
Creation date
11/21/2007 9:43:15 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981013
IBM Index Class Name
Enforcement
Doc Date
11/19/2000
Doc Name
ANSWER TO APPLEANTsS NOTICE OF APPEAL AND STATEMENT OF REASONS
Violation No.
TD1993020370005TV3
Media Type
D
Archive
No
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.1!~~S , <br />alleged damage to the Tatums' water well. OSM filed an answer in <br />that case on November 29, 1995. <br />The issues in this case concern allegations by the Appellant <br />that an underground coal mining operation has caused subsidence <br />damage to the Appellant's home near Weston, Colorado. In its <br />Notice of Appeal, the Appellant requests that the Interior Board <br />of Land Appeals (IBLA or the Board) reverse the decision of <br />Richard Seibel, Director of OSM's Western Regional Coordinating <br />Center. In the Notice of Appeal, the Appellant also requests <br />compensation for the alleged subsidence damage to their home. <br />The Appellant's Notice of Appeal appears to include its Statement <br />of Reasons. <br />II. FACTUAL BACKGROUND <br />1. By letter dated November 30, 1993, the Appellant filed <br />a citizen's Complaint with OSM-AFO. In the citizen's complaint, <br />the Appellant asserted, among other things, that the coal mining <br />company in question, Basin Resources, Inc. (Basin) had failed to <br />properly monitor subsidence near their home, had failed to <br />protect their property from subsidence damage, and had failed to <br />implement a subsidence survey, as required by state regulations. <br />The Appellant, in the citizen's complaint, asked OSM to "take all <br />appropriate and necessary action." See Administrative Record at <br />Volume III, Tab 29 (AR III-29). <br />2 <br />
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