Laserfiche WebLink
T-r.,,..... ............. _ _._.._.._~_ <br />„James Fdton - NewTa[um.doc <br />III III'llllllllllll <br />999 <br />October 19, 2000 <br />Sent by face to 1A2-219-3106 <br />Ms. Kay Henry. Acting Director <br />U.S. Office of Surface Mining <br />1951 Constitution Ave. NW <br />Washington D.C. 20240 <br />Dear Ms. Henry: <br />This letter constitutes our notice to you concerning the improprieties [hat occurred before, <br />during and after the inspection by OSM-Deaver of the Tatum home and land located is Ices <br />Animas County, Colorado. We request you take action to resolve these issues. <br />On July 26, 2000, the Interior Board of Land Appeals ordered the Office of Surface Mining <br />to take enforcement action on the violations committed by Basin Resources. This order <br />concerned a 1993 complaint by the Tatums that reported subsidence damage to their home <br />and property on which OSM had failed to take enforcement action. The board ruled on <br />behalf of the Secretary that the Tatutns had suffered subsidence damage. <br />The Tatums and OSM agreed art an inspection date, and Mr. Henry Austin of the Office; of <br />Surface Mining in Denver inspected the Tatunt home and property on Septemher 22, 2000. <br />Six wrongful activities took place before, during and after the inspection: <br />On the inspection, Mr. Austin s[atal he had reviewed [he files' on Basin's permit before <br />the inspection and found no subsidence ~uotrul plan rs required by Colorado law <br />and regulations. Mr. Austin did not tike enforcement action on this violation that <br />was cited in OSM's original ten day notice 93-020-370-WS (TV'i). SMCRA and <br />the parnllel Colorado law require inspectors to take enforcement action nn all <br />violations observed. USC ]267(e). <br />2. The Notice of Violation issued by Mr. Austin cited rrr uuWated and replaced section of <br />the Colorado regulations thnt does not r umply with the Energy Policy Act of Oct <br />?1, 1992. Ms. Johnson staled that this section did not comply with the F,PACT and <br />asked Mr. Austin to use [he correct section. Mr. Austin replied that his superiors in <br />the Ucnvcr office and John Retrurn ol'the llenver Solicitor's office told him to use <br />[he outdat<:d section. <br />3. Ms. Tatum i, extremely concerned about protecting her privacy rod citizens' rights. <br />Mr. Austin informed her after the inspection that he sent copies of the photu~Raphs <br />he took of the interior of Ms. Talum's home to Basin Resources in the "interest of <br />full disclosure." IIasin had nut applied for legal discovery of these photographs. <br />.- ---- Fade 1, <br />