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M aFAY RFF@ lU <br />United States Department of the Interior <br />OFFICE OF SURFACE MII~1ING <br />Reclamation end Enforcement <br />1999 Broadway, Suite 33?A <br />Denver. Colorado 801A2-5733 <br />November 9, 2000 <br />F <br />N <br />i <br />a~ <br />~H ~e~ <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 to <br />Ten-Day Notice No. X00-140-116-002 <br />Dear Mr. Berry: <br />The Deu~~r'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 frb_ m=Ms-Ann Tatum. The complaint gave the DFD reason to believe that there existed <br />a violation of-the:~olorado regulatory program.at Rule 4.20.3 (2). The Tatum complaint alleges: <br />-- <br />__ "..,the water probleRi in the meadow south of our home is a leak in the oi[y_line. Hauling through <br />_ _ ~ our property:"=The.leak is apparently the result of ongoing and confinuing subsidence caused _._ <br />from Basin Rrsouces's. coal mining operation" By letter dated October 30, 2000, you requested <br />-- ~ an extension fdrydur-response until November 1; 2000, on the basis of time requited to develop. <br />;~;_phtitogiaphic and additional citizen statement.evidence. I granted yolithe=additional time by <br />telephone on October 30, 2000. _ - " <br />- '= Your response`included copies of the Division of Minerals and Geology (DMG) inspection <br />`= ~ibport, tfre=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 an inspection of the Tatum residence. Ms. Tatum was <br />- present and-clarified the nature and content of her complaint. Discussion focused on damages at <br />the Tatum residence that occurred after the damages already documented and addressed during <br />the DistrictcourCproceedings (Case No. 92 CV l27) and the [nterior 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 />[nc., (BRI) to arrange for repair of the water line addressed in Ms. Tatum's complaint. The water <br />line was excavated and three leaks were repaired. The cause of the leaks involved rust of the <br />