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iii iiiiiiiiiiiiiiii_ 999 United States Department of the Interior OFFICE OF SURFACE. MINING Rttlamuion and F.n(orconcm 1797 Broadway, Suioc 3320 Dcnaa, Colondn 6U 202-57;3 SEP 1 s ~s5 Mr. and Mrs. Jim Tatum Law Offices of Jim Tatum and Associates 8703 Bonhomme Houston, Texas 77074 Dear Mr. and Mrs Tatum: In accordance with the provisions of 30 CFR 842.15, I have conducted an informal review of this agency's action regarding your written complaint of November 30, 1993 as requested in your letter of December 2, 1994 to the Office of Surface Mining and Reclamation Enforcement (OSM). Your complaint concerned the impact of underground mining operations on your residence. On December 7, 1993 a federal inspection was conducted and Ten-Day Notice No. (TDN) X93-020-370-000, violations 1 and 3 of 3 were issued regarding this issue. On February 4, 1994 OSM's Albuquerque Field Office (AFO) Director found the States' responses to both violations to be appropriate requiring no further action. On December 2, 1994 you requested an informal review pursuant to 30 CFR 842.15. OSM's Deputy Director Kay's interim response, dated January 18, 1995, explained that the State of Colorado, Division of Minerals and Geology (DMG) agreed to take the lead in conducting a thorough technical investigation, assisted by personnel from the Western Support Center in Denver, to determine if actions taken by Albuquerque Field Office and DMG were indeed appropriate. A final decision would be forthcoming pending completion of this technical investigation. A review of the records in this case disclose that OSM, through its Western Regional Office (WRCC), along with DMG, visited the site numerous times. Technical experts, knowledgeable in the area of mine subsidence and modeling techniques, from OSM's Appalachian Regional Office were also called in to evaluate the site at your request. All personnel visiting the site concluded that subsidence had not occurred in the 1 North workings. Review of the mine map indicates that the operator limited extraction to 34 percent and left pillars 80' x SO' in place after mining, which is associated with room and pillar mining methods designed to prevent subsidence. On August 23, 1995 DMG sent a request for a final decision on Violation 1 of 3 based on their February 23, 1995 investigation and the subsequent reports resulting from these site visits. The State has concluded that the Tatum residence is not within an