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III IIIIIIIIIIIII III <br />999 ~~~~~~~ D <br />United States Department of the Interi <br />JUL 2 8 2000 <br />M REPLY RFFFR lO: <br />IBIA 96-908 <br />96-918 <br />151 IBLA 286 <br />JIM & ANN TATIM <br />(Ctd RECCNoiL~RP,PIGN) <br />OFFICE OF HEARINGS AND APPEALS <br />Interior Hoard of Land Appeals <br />4015 WilsanBoulevazd OFFICEOFTHEREOIONALSOLICtTOR <br />DENVER COLORADO <br />ArGngton,Ytginia22203 CC~TI F I ED <br />JUL 2 62000 <br />. No. CC-93-020-008 <br />Surface Mining Citizen's <br />Complaint <br />Petition for Reconsideration <br />Denied <br />Gn January 5, 2000, this Board issued a decision styled Jim & Ann <br />Tatum, 151 IBIA 286, in which we addressed separate appeals (IBIA 96-90 and <br />96-91) filed by the Tatums fran two decisions of the Regional Director, <br />Western Regional Coordinating Center, Office of Surface Mining Reclamation <br />and Fhforcement (GSM), dated August 24, 1995, and September 18, 1995, <br />affirming detPYm~nations of the Denver and Albuquerque OSM Field Offices <br />that the responses of the State of Colorado, Department of Natural <br />Resources, Division of Mining and Geology (III), were appropriate action in <br />response to Ten-I~y Notice (TLN) No. 93-020-370-005 issued by ~I. ~I <br />issued the TIN to III; following receipt of a citizen's complaint <br />(No. CC-93-020-008) from the Tatums alleging that an undergrotmd mining <br />operation conducted by Basin Resources, Inc. (BRI) (fonoerly, Wyaning Fuel <br />Company), had caused subsidence damage to their home near Weston, Colorado, <br />and damaged a livestock water well on their property. <br />OSM seeks reconsideration only of that part of our decision relating <br />to IBIA 96-91, which addresses that portion of TLN No. 93-020-370-005 <br />concerning alleged subsidence-related violations by BRI. In that part of <br />our decision, we vacated the Regional Director's decision and the <br />underlying decision of the Albuquerque Field Office and remanded the case <br />to C6M for appropriate action. 0.41 also seeks a stay of our decision <br />pending a decision on its petition. <br />In a formal citizen ca~laint dated November 30, 1993, the Tattm~s made <br />various allegations, including "Rule [2 Colo. Code Regs.) 4.20 'Subsidence <br />Control' providing for protection of the surface owners property and water <br />well appears to have been deliberately ignored. No lmnitoring of the <br />