Laserfiche WebLink
Ann Tatum lJ ~. ~ Z ~ j ~-~~ <br />Jim Tatum & Associates <br />8703 Bonhomme <br />Houstnn, Texas 77074 <br />Dear Ms. Tatum: <br />This is a response to the letter signet] by you and Carolyn Johnson dated October ] 6, 2000, to <br />Kay Henry, Acting Director of the Office of Surface Miniug (OSM). Your letter concerned the <br />inspection of your property conducted by OSM Reclarttation Specialist, Henry Austin on <br />September 22, 2000, and statements made by Mr. Austin and Jim Fulton, Chief of the Denver <br />Field Division (DFD). <br />Mr. Austin's inspection watt undertaken in response m a decision by the Interior Board of Lind <br />Appeals (IBLA) in IBI_A-96-t)1, vacating OSM's determination regarding subsidence and <br />damage to your residence and remanding the case to OSM for appropriate action. Mr. Austin <br />contacted you and made arrangements to conduct the inspection on September 22, 2000, a date <br />satisfactory to you and your engineer, Mr. Gerity. <br />Following the inspection, Mr. Austin issued a Federal notice of violation (NOV) to Basiu <br />Resources, Inc. (BRn for "failure to .., compensate the owner of any surface structure in full <br />amount of the diminution in value resulting from subsidence." The NOV cited State of Colorado <br />regulation 4,20.3(2)(a),(b) and (c). The ahatemenl prescribed in the NOV included compensation <br />of the owner of any surface structure in the full amount of the diminution in value resulting from <br />subsidence. <br />By letter dated October 4, 2000, BRI indicated that pursuant W a trial court judgement, it had <br />provided compensation to the Tatums. This judgement was entered by District Judge <br />Manzanares in the Tatum's civil case against BRI. BRI noted that Judge Manzanares found that <br />subsidence cawed damage to the Tatum residence and that he determined the full amount of the <br />diminution in value resulting from the. subsidence. BRI enclosed a atpy of the Satisfaction of <br />Judgement, signed by the Tatums. On this basis, OSM tertninatcd the NOV on Octnher 20, <br />2OV0. <br />On (k:tober I fi, 2000, [he DFD received a letter from you indicating that the City of Trinidad had <br />advised you that the water problem in the meadow south of your home is from a leak in the city <br />lint running through you property. You state the leak is apparently the result of ongoing and <br />continuing subsidence caused by BRl's coat mining. The DFD forwarded this complaint to The <br />Colorado Division of Mittcrals and Geology on October 19, 21X10, as a'ien Day Notice. The <br />DFD will ku;p you iufurtncd regarding the State'a response. <br />In your letter you inquired about the subsidence control plan. The question regarding a <br />subsidence control plan was part of OSM's original Tctt Day Notice issued to Colorado in 1993. <br />OSM found Colorado's response to violation 1 of 3 u> be "appropriate" pursuant to 30 CPR <br />842.1 ]. Subseyuent reviews and consideration did not change this finding. <br />t <br />~r <br />f <br />E <br />L <br />