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<br />III. COMMENTS -COMPLIANCE
<br />B low are comments on the inspection. The comments include dlaeusslon o1
<br />o ervatlona made during the inspection. Cammam)s also describe any cnforcernent
<br />a tiona Taken during the inspection and the facts or evidence supporting the entorcernent
<br />n OUOber 25, 2D00, David Berry (DMG) conducted an inspection of the residence known es
<br />' olitario' at 12630 Highway T 2, near Weston, Colorado. The residence is owned by Jlm and
<br />n Tatvm. file inspection was conducted in response to a citizen complaint letter dated
<br />ctober 16, 2000, addressed to the Office of Surface Mlning (OSM). The letter was conveyed to
<br />e Dlvlsbn of Minerals and Geology (DMG) along with aTen-Day Nodce (TDN) Numtrer X00-
<br />1(40-t 16-002 TV1, received by DMG on October 20, 2000. Ms, Ann Tatum etarlllea the nature
<br />_ ~ content of the complaint in her letter td DMG datetl October 30, 2000, Copley of the Tatum
<br />I hers end the TDN aze attaCred to this inspactlort report.
<br />I
<br />ha initial response deadlire for the TDN was October 30, 2000. An extension of two days was
<br />anted by the OSM, t7asetl or. a latter for DMG dated October 30, 2000, requesting such en
<br />ension. The extension letter Is also anached W this report.
<br />ring the inspectlon, David Berry and Ann Tatum discussed and agreed that this DMG
<br />i pection, and any enforcement actions taken as a result of this DMG inspecUOn, would be
<br />eafic to any damages at the Tatum residence and property that oecurted after the damages
<br />keady documented and addressed during the trial court~proceedings in Trinidad Colorado (see
<br />slum v. eosin Resources. Inc., Case fJo, 92CV727, District CouR, Las Animas County), and
<br />t e Interbr Board of Land Appeals (IBLA) proceeding and subsequent IBt.A order dated J.rly 26,
<br />000. This DMG Inspection end resultant enforcement action do not address any damages at
<br />t e Tatum Residence and progeny, that wero addressed end ruled upon by the above•
<br />ferenoed IBLA proceeding. Thts DMG Inspecylon and associated enforcement aeCron is not
<br />I ended to address damages to the Tatum residence and property already addressed in the
<br />ntly Issued OSAi Ndtlce of VblaSon (NOV) 00•t40.116-0t, violation t of 1.
<br />Berry arrived at the Tatum residence at approximately 9:15 a,m., on October 25, ZD00.
<br />individuals on site were a City o! Trinidad employee, Ann Tartan, and contractor personnel
<br />entinA Frebraro Construction.
<br />contractor was on site in repair a broken water 11ne, and the repair work had been
<br />dinated by Per. Ron Thompson, representing Basin Resources, as documented in the hvo
<br />~ted letters from Ron Thompson to Ann Tatum dated October 20, 2000 and October 24,
<br />1. Basin Reseuroes arranged for the water teak repair fotlowing receipt of the October T6,
<br />I complaint letter from Ann Tatum and following verbal requests directed to Basin
<br />tsentat[ves, that Basin assist In repairing the leak, made by David Berry during the week of
<br />~bsr16,2000,
<br />agreed that me repairwdrk coordinated by Besln Resources, and conducted by Frebrero
<br />uctlon would incl•~de bode the repair of the water line, and the im?artatlon of dry din
<br />alto fill the saturated pasteue area by the cadre gate down gradient from [he IeaMng pipe.
<br />for to David Berry's arrival, ttw water tine location on me property had been marked with blue
<br />lint. Tha area of the leak was about 25 feet, rcughly north of the locatlon marked to be the City
<br />Trinidad's main Ilne. The leak was evidenced by water flawing et the pasD~re surface, and
<br />is causing surface water runoff flowing to the east and creatlng muddy conditldns along the
<br />M' path. Excavatlon for the repair Inltlated around 10:00 e.m., and a IeaK was identified once
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