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III. COMMENTS - COMPLI~,NCE Below are comments on the inspection. The comments include discussion of observations made during the inspection. Comments also describe any enforcement actions taken during the inspection and the facts or evidence supporting the enforcement action. On October 25, 2000, David Berry (DMG) conducted an inspection of the residence known as "Solitario" at 12630 Highway 12, near Weston, Colorado. The residence is owned by Jim and Ann Tatum. This inspection was conducted in response to a citizen complaint letter dated October 16, 2000, addressed to the Office of Surface Mining (OSM). The letter was conveyed to the Division of Minerals and Geology (DMG) along with aTen-Day Notice (TDN) Number X00- 140-116-002 TV1, received by DMG on October 20, 2000. Ms. Ann Tatum clarified the nature and content of the complaint in her letter to DMG dated October 30, 2000. Copies of the Tatum letters and the TDN are attached to this inspection report. The initial response deadline for the TDN was October 30, 2000. An extension of two days was granted by the OSM, based on a letter for DMG dated October 30, 2000, requesting such an extension. The extension letter is also attached to this report. During the inspection, David Berry and Ann Tatum discussed and agreed that this DMG inspection, and any enforcement actions taken as a result of this DMG inspection, would be specific to any damages at the Tatum residence and property that occurred after the damages already documented and addressed during the trial court proceedings in Trinidad Colorado (see Tatum v. Basin Resources, Inc., Case No. 92CV127, District Court, Las Animas County), and the Interior Board of Land Appeals (IBLA) proceeding and subsequent IBLA order dated July 26, 2000. This DMG inspection and resultant enforcement action do not address any damages at the Tatum Residence and property, that were addressed and ruled upon by the above- referenced IBLA proceeding. This DMG inspection and associated enforcement action is not intended to address damages to the Tatum residence and property already addressed in the recently issued OSM Notice of Violation (NOV) 00-140-116-01, violation 1 of 1. David Berry arrived at the Tatum residence at approximately 9:15 a.m., on October 25, 2000. Other individuals on site were a City of Trinidad employee, Ann Tatum, and contractor personnel representing Frebraro Construction. The contractor was on site to repair a broken water line, and the repair work had been coordinated by Mr. Ron Thompson, representing Basin Resources, as documented in the two attached letters from Ron Thompson to Ann Tatum dated October 20, 2000 and October 24, 2000. Basin Resources arranged for the water leak repair following receipt of the October 16, 2000 complaint letter from Ann Tatum and following verbal requests directed to Basin representatives, that Basin assist in repairing the leak, made by David Berry during the week of October 16, 2000. It was agreed that the repair work coordinated by Basin Resources, and conducted by Frebraro construction would include both the repair of the water line, and the importation of dry dirt material to fill the saturated pasture area by the cattle gate down gradient from the leaking pipe. Prior to David Berry's arrival, the water line location on the property had been marked with blue paint. The area of the leak was about 25 feet, roughly north of the location marked to be the City of Trinidad's main line. The leak was evidenced by water flowing at the pasture surface, and was causing surface water runoff flowing to the east and creating muddy conditions along the flow path. Excavation for the repair initiated around 10:00 a.m., and a leak was identified once