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ti. <br />IBLA'96-90, 96-91 <br />Rec].anation Act of 1977, 30 U.S.C. 5 1309a(a)(2) <br />(1994), curly if that crater supply ccrostitutes a <br />"drinking, domestic, or residential Water supply." <br />Surface Mining Ctmtrol and Rec].anation Act of 1977: <br />Citizen's Canplaints: Generally--Surface Mining <br />Control and Reclamation Act of 1977: State Program: <br />10-Day Notice to State--Surface Mining Control and <br />Reclamation Act of 1977: Subsidence: Generally <br />What the record on appeal establishes that the <br />state regulatory authority's respaLSe to a 10-day <br />notice of a state regulatory progr~n subsidence <br />violation by an unlergroinrl .coal mining operatics <br />was . arijitraX}',,:. capxzcrous, . 3PYi ari ~fibwse of -d~.scr2- <br />lion, the,OSM decisial upholding the state regula- <br />. tory authority's action will be vacated and the <br />case rananded for appropriate action. <br />APPEARAi~S: Ann Tatum, ~p SQ and for Jim Tatum, Houston, Texas; Brock <br />Wood, Esq., Office of the Regional Solicitor, U.S. Departmait of the inte- <br />riar, Iaic~xvood, Colorado,. for the Office of Surface Mining Recla¢teticm and <br />Enforcen°nt. <br />OPIIdICN BY DEPUTY CHIEF ADMINISTRATIVE JLIDC~ HARRIS <br />Jim and Ann Tatian (hereinafter, T3tums or appellants) have filed <br />separate appeals fran two decisions of the Regional Director, Western <br />Regional Coordinating Center, Office of Surface Mining ReclanatiCm and <br />Fhforcenent (0.SM), dated August 24, 1995, and Septemiber 18, 1995, deter- <br />mining that the responses of the State of Colorado, DeparGrent of Natural <br />Resources, Division of Mini ~ arxi Geology (i1~G) were appropriate action in <br />response to a Ten-Day Notice (TDN) issue3 by OSbI. OSM issued the TAI to <br />LNG following receipt of a citizen's crnplaint from the Tatums alleging <br />that an iur3ergrourul mining operation co~ucted by Basin Resources, Inc. <br />(BRI) (fornPSly, Wyoming Fuel Cotnpatiy), had caused subsidence damage to <br />their bane near Weston, Colorado, and damaged a livestock water well al <br />their property. 1/._ __ ... ........ <br />I. gacrnal arrl Drrrcxinral BaC]g7rOLmri <br />On January 25, 1984, BRI obtained a pernanent program permit <br />(No. C-81-013) from the State regulatory authority. TY~e permit, as <br />revised July 2, 1990, authorized BRI to engage in imr~amrr~mri coal mini <br />operations on 9,068 acres of Federal and private land situated in Ts. 33 <br />1 The Board docketed the appeal of the Aug. 24, 1995, decision as IBIA <br />96-90 and the appeal of the Sept. 18, 1995, decision as IBIA 96-91. Those <br />two appeals have been ccrosolidated for purposes,of,this opinion. <br />~: • . :. .. <br />151 IffiA 287 <br />