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pipe, but there was no conclusive indication regarding ground movement associated with alleged <br />subsidence. It is Ms. Tatum's position that the water pipe damage occurred due to subsidence <br />impacts associated with the adjacent Basin Resources mine. <br />During the inspection, you and Ms. Tatum also viewed and documented damage to the Tatum <br />residence and garage. It is Ms. Tatum's position that new damage has occurred in addition to <br />damages previously addressed in the above referenced District court and IBLA proceedings, and <br />that the new damage to the Tatum residence and garage is a result of ongoing subsidence impacts <br />from the adjacent BRI mine. The damage includes cracking in the walls and floor. <br />As a result of your inspection, the DMG issued NOV No. CV-2000-009 to BRI. The NOV cites <br />Colorado regulation 4.01.1(a) and 4.20.1. BRI is required to "promptly repair, rehabilitate, <br />restore, or replace damaged occupied residential dwellings and related structures or <br />noncommercial buildings: or compensate the owner of the damaged occupied residential <br />dwelling and related structure or nonconmrercial building in the full amount of the diminution in <br />value resulting from the subsidence." The time for abatement is until December 31, 2000. <br />The NOV was issued because i[ appeared that subsidence impacts, originating at the Golden <br />Eagle Mine operated by BRI, are adversely impacting the Tatum residence, garage, water line <br />and pasture. The permit document for this mine (Permit No. C-81-013) specifies that no such <br />damage would occur. The above referenced District Court and IBLA decisions found that BRI's <br />Golden Eagle Mine did previously cause subsidence damage to the Tatum residence. The <br />damages observed during DMG's October 25, 2000, inspection are consistent with the damages <br />previously attributed to subsidence impacts from the mine, as documented in these decisions. <br />Because the damages observed during the October 25, 2000, inspection are consistent with the <br />previously documented subsidence damages, and based upon the statements of Ms. Tatum [ha[ <br />the damages observed during the inspection occurred since the damages previously addressed by <br />[he District court and [he IBLA, the DMG issued the NOV. <br />In light of the above and the materials contained in your response, the DFD finds pursuant to 30 <br />CFR 842.1 1, your response is not arbitrary, capricious, or an abuse of discretion under the <br />Colorado regulatory program and is considered "appropriate action" [o cause the violation to be <br />corrected. <br />We appreciate the diligence and effort undertaken by DMG in responding to the TDN. <br />Sincerely, <br />I <br />J~ <br />James Fulton <br />Chief, Denver Field Division <br />cc: Henry Austin, DFD <br />