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United States Department of the Interior <br />w aenx at~tx ro <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />1999 Broadway, Suite 3320 <br />Lknver, Colorado 80202-5733 <br />November 9, 2000 <br />Mr. David Berry <br />Coal Program Supervisor <br />Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />RE: Finding of "Appropriate Action" for Colorado Response [o <br />Ten-Day Notice No. X00-140-116-002 <br />Dear Mr. Berry: <br />RECEI`~~'~D <br />NOV 1 3 2JUU <br />Division of Minerals and Gealapy <br />The Denver Field Division (DFD) received your response dated November 1, 2000, to the above <br />referenced Ten-Day Notice (TDN). The TDN was issued as a result of a citizens complaint <br />received from Ms. Ann Tatum. The complaint gave the DFD reason to believe that there existed <br />a violation of the Colorado regulatory program at Rule 4.20.3 (2). The Tatum complaint alleges: <br />"...the water problem in the meadow south of our home is a leak in the city line running through <br />our property. The leak is apparently the result of ongoing and continuing subsidence caused <br />from Basin Resources's coal mining operation." By letter dated October 30, 2000, you requested <br />an extension for your response until November 1, 2000, on the basis of time required to develop <br />photographic and additional citizen statement evidence. I granted you the additional time by <br />telephone on October 30, 2000. <br />Your response included copies of the Division of Minerals and Geology (DMG) inspection <br />report, the Notice of Violation (NOV), and various correspondence materials received and sent <br />during your investigation of the complaint. <br />On October 25, 2000, you conducted atr inspection of the Tatum residence. Ms. Tatum was <br />present and clarified the nature and content of lrer complaint. Discussion focused on damages at <br />the Tatum residence that occurred after the damages already documented and addressed during <br />the District court proceedings (Case No. 92 CV 127) and the Interior Board of Land Appeals <br />(IBLA) proceeding and subsequent IBLA decision (IBLA-96-91). <br />Prior to the inspection, arrangements were made with Mr. Ron Thompson of Basin Resources <br />Inc., (BRI) to arrange for repair of the water line addressed in Ms. Tatum's complaint. The water <br />line was excavated and tlvee leaks were repaired. The cause of the leaks involved rust of the <br />