ENFORCE25192

• Permit No: C1981013
• IBM Index Class Name: Enforcement
• Doc Date: 4/25/2001
• Doc Name: Exhibit for Formal Public Hearing
• Violation No.: CV2000009
• Media Type: D
• Archive: No

United States Department of the Interior
• ~ OFFICE OF SURFACE MINING
~ H a ,e•° ~ Reclamation and Enforcement
m xrnnr aFtrn'rv 1999 Broadway, Suite 3320
Iknver, Colorado 80202-5733
January 22, 2001 RECEIVED
JAN 2 3 2001
Mr. David Berry
Coal Program Supervisor Division of Minerals s Geolonv
Division of Minerals and Geology
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
RE: Request for Clarification of OSM's October 20, 2000, Mine Site Evaluation
Inspection Report (MEIIt), NOV 00-140-I 16-OOI, Termination Action at Basin
Resources, Inc., Permit No. C-81-013
• Dear Mr. Berry:
The Office of Surface Mining (OSM), Denver Field Division (DFD), has received and
reviewed your January 18, 2001, letter to DFD regarding the above. OSM agrees with
the Colorado Division of Minerals and Geology (DMG) understanding of our
October 20, 2000, Mine Site Evaluation Inspection Report (MSEIR) which transmitted
the termination of Notice of Violation (NOV)00-116-140-001. OSNI also agrees with the
DMG understanding of our November 9, 2000, letter that constituted an "appropriate
action" tinding regarding DMG's response to Ten- Day Notice (TDN) X00-140-1 16-002.
DFD offers the following clarifications:
As stated in your January l8, 2001, letter "DMG views the OSM November 9, 2000,
"appropriate action" determination as confirmation that in terminating NOV 00-140-1 16-
001 based on Basin's satisfaction of the 1997 State court judgement, OSM did not intend
to preclude this agency from taking enforcement action to address any subsidence
damage to the Tatum's residence and related structures after [he date of [he State court
judgment." OSM's NOV 00-140-116-OOl was issued in response to a July 26, 2000,
Interior Board of Land Appeals (IBLA) decision regarding IBLA case 96-91. The IBLA
decision determined that a violation of Colorado Rule 4.20.3 (2) occurred as a result of
subsidence damage to the Tatum's residence. This was subsidence damage to the
Tatum's residence, as determined by [he above IBLA decision, based on 1993 through
. 1995 investigations conducted by DMG, OSM, the Tatum's consultants, and testimony
given in a 1997 State civil action brought by the Tatums.