Laserfiche WebLink
human consumption or human sanitation, or domestic use" (emphasis <br />added). <br />The new Federal regulation at 30 CFR 817.41(j) specifically <br />requires, in pertinent part, that a permittee "promptly replace <br />any drinking, domestic or residential water supply that is <br />contaminated, diminished or interrupted by underground mining <br />activities * * *" (emphasis added). Because your well <br />historically has served only an agricultural use, the operator, <br />in accordance with the aforementioned Federal regulations, is not <br />required to repair the existing well, drill a new well, or <br />provide an alternative water source. In addition, the well was <br />observed to contain water, which is in direct conflict with your <br />assertion that the "water well is quite dry." <br />You were advised by the Denver Field Manager on June 28, 1995, <br />that he found the DMG's investigation and conclusions, as <br />reported in their June 6, 1995, letter, to constitute appropriate <br />action in response to the second alleged violation relating to <br />water loss in the ten-day notice and, as such, OSM would not be <br />conducting a Federal inspection or take additional enforcement <br />action. I concur with that determination. <br />After full consideration of all of the factors in this matter, I <br />find that the Denver Field Manager properly determined that the <br />Colorado DMG's response to the second alleged violation relating <br />to water loss in the ten-day notice constituted appropriate <br />action. <br />Pursuant to 43 CFR Section 4.1280 - 4.1286, you have the right to <br />appeal this decision within 20 days of the receipt of this <br />decision. To initiate an appeal, you must file a written notice <br />of appeal with this office at the above address and at the same <br />time, send a copy of the appeal notice to the Department of the <br />Interior's Interior Board of Land Appeals, 405 Wilson Boulevard, <br />Arlington, Virginia 22203. Their telephone number is (703) 235- <br />3800. The Board will render a final agency decision on the <br />matter in accordance with applicable regulations. Failure to <br />strictly comply with these requirements may result in summary <br />dismissal of the appeal. <br />Sincerely, <br />i hard J. Seibel <br />Regional Director <br />Western Regional Coordinating Center <br />cc: LS~usan McCannon, DMG <br />Acting Director, Albuquerque Field Office <br />Chief, Denver Field Division <br />2 <br />