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James Fuhon - NBwTatum.doc <br />--- -. _. _~.. _. Pa a 2.; <br />4. During the inspection, Mr. Austin told Ms. ]ohnson and Ms. Tatum that he hart called <br />Ron Thompson of Basin Resources bcfun; the inspection to ensure that Mr. <br />'['hompson would be at the mine un September 22 to receive Mr. Austin's delivery <br />of dre violativtt. This violates the prohibition in SMCRA and state law against <br />b~ving advance notice to a permittee, his agents or employees of an inspection. L15C <br />1267(cx2). Il was not necessary fnrMr. Thompson or any representative of Basin <br />to be present because OSM routinely mails violations to the permittee. <br />During the inspection, Mr. Austin repeatedly and emphatically urged Ms. Tatum tv <br />withdraw dte Tatums' ubjecuvn to Basin's phase 2 band release application tiled <br />with the state of Colorado. He said the objection would confuse the issues artd it <br />was not in her best interest to delay correcting the sabsidenu: damage to her <br />property. It is highly improper fur any representative of the Secretary to threaten a <br />citizen that using her right to object to bond release will delay or in any other way <br />aflcct full restitution for damage to their property. <br />6. Mr. Austin was shown where tlowiug water had appeared in the Tatums' pasture that <br />lies between their home and the railroad to the mine. The water appeared in a <br />sinkhole that was there during the initial investigation. Ms. Tatum said subsidence <br />had cracked the municipal water lint that supplies her home with drinking water. <br />'t'he spring is actively flowing and is cnusing an increasing amount of damage to her <br />pasture. Mr. Austin did not cite this material damage from subsidence and rcyuire <br />Basin to immediately repair the water line and repair the damage; instead, Mr. <br />Austin attcmptetl to shift the respnnsihiliry to the Tatums by stating in his <br />inspection report that "I recommend the Ta[urn's (sit;) contact the City of Trinidad <br />as soon as possible." <br />Finally, Mr. Jim Fulton, Director of USM's Denver Field Uftice, told Ms.'l'atmn on <br />October '17 that "USM wasn't convinced that subsidence had damaged your Irume." <br />Ms. Henry, it is unconscionable for any OSM manager to contradict the decision of <br />the Secretary that tht Tatums have subsidence damage. <br />This situation is now critical for two reasons: Ms. Tatum faces imminent loss of her <br />drinking water supply if the water line is not immediately repaired; scx:und, the OSM <br />Denver managers have persisted in disregarding the subsidence damage to the Tatums for <br />seven years and are continuing to work against the Rnard's decision nn behalf of the <br />Secremry. These issues require your direct involvement ro resolve and we respu;tftilly <br />request that you contact Ms. Tatum immediately. <br />Sincerely, <br />Ann Tatum Carolyn Johnson, Staff Director <br />8703 Bonhotnnte Citizens Coal Council <br />Houston, Texas 77074 1705 S. Pearl Street, #5 <br />1-1-2172 Denver,Coloradv 80210 <br />