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ENFORCE27725
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Last modified
8/24/2016 7:35:14 PM
Creation date
11/21/2007 11:42:54 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981013
IBM Index Class Name
Enforcement
Doc Date
10/19/2000
To
OSM
Violation No.
TD1993020370005TV3
Media Type
D
Archive
No
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Mr. Austin was correc:l in citing State; regulation 4.20.3(2) as it was in effect at the time BRl was <br />oper,uing its underground mine in the area of your residence. Operations in the main that <br />approached your residence ceased in 1988. Section 720(a) of the Sulfate Mining Control and <br />Reclamation Act (SMCRA), part of the Energy Policy Act of October 24, 1992, applies only to <br />subsidence related damage to occupied residential dwellings caused by underground reining <br />activity conducted after October 24, '1992. Therefore, any subsidence damage to the Tatum home <br />does no[ Fall within the requirements of Section 720 of SMCRA or its implementing regulations. <br />The relevant Federal regulation for the Tatum home is current 30 CFR 817.121 (c)(3). Prior to <br />March 31, 1995, this provision was codified at 30 CFR 817.121 (c)(2) and required coal mine <br />operaWrs, to the extent required under applicable provision o[ S to law. to repair or compensate <br />the owner of the structures for the full amount of [hc diminution in value resulting from <br />subsidence. So OSM is correct in citing the applicable State regulation in effect at the time the <br />mine operated near the Tatum residence. Ttrat regulation is 4.20.3(2). <br />On Scptcmbcr, 22, Mr. Austin took photographs of the Tatum residence related to his inspection. <br />Following the inspection, Mr. Austin met with Ron Thompson of BRT and issued the NOV to <br />BRI. BRI was entitled to view the photos as evidence. of thr. inspection leading to the NOV. No <br />disctrs.cion took plate regarding the use of the photos while Mr. Austin took them during the <br />inspection. <br />The inspection conducted by Mr. Austin was not an inspection of a surface coal mining and <br />reclamation operation as specified in 30 CFR 842.11 that is subject to occurring without prior <br />notice to the pcrmittee, except for necessary on-site meetings. Ron Thompson of BRI called Mr. <br />Austin to inquire about OSM's pending inspection as a result of the IBLA decision. <br />During the inspection Mr. Austin did thoroughly discuss the bond release process with respect to <br />your objection with the Stale. Mr. Austin slated ur you that the bond relr:asr: process would not <br />impact the subsidenu; issues at hand. Mr. Austin did not object to your involvement in the <br />Slate's bond release process. <br />During the inspection, Mr. Austin did recommend that you contact the City of'I'rinidad as soon <br />as possible regarding the possible leak in the water line. OSM has now received your citizen <br />complaint about the leak and forwarded it to the State with a "1'en Day Notice. <br />Lastly, you telephoned Mr. Fulton nn October 17, 2000, to discuss your citizen complaint. in <br />shat complaint you state that there is ongoing subsidence and Mr. Fulton stated that he did not <br />know if subsidence was still oceur•ring. I-le did not comment on the IBLA's detemtination <br />regarding subsidence alleged in your original complaint of 1 J'13. USM is bound by the iBLA <br />determination anJ Iherefone conducted the inspection and issued the NOV to BRI. <br />I hops [his information clarifies our inspection of Scplcmbcr 22, 2000, the subsequent Federal <br />NOV and handling of you citizen complaint regarding the water line leak. If you have any <br />questions cal] Jim Fulton or Hettry Austin at 303-844-1400. <br />
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