ENFORCE31386

• Permit No: C1981013
• IBM Index Class Name: Enforcement
• Doc Date: 7/12/2001
• Doc Name: SUMMONS
• Violation No.: CV2000009
• Media Type: D
• Archive: No

of the IBLA decision, OSM issued a notice of violation to Basin, and Basin paid the penalty
associated with that violation.
11. Almost simultaneously with this final step in their original thrust against Basin,
the Tatums initiated a new round of proceedings against Basin. On October 16, 2000, the
Tatums sent a letter by facsimile to OSM alleging that ongoing and continuing subsidence from
[he Gulden Eagle Mine had caused a leak in a water pipe on their property. Ttte Tatums' letter
stated that it was a "formal notice of complaint against Basin Resources, [nc. for subsidence
damage to our home and property."
12. In response to this citizen complaint, OSM conducted an inspection on October
18, 2000. As a result of the OSM inspection, that agency issued a ten day notice to the State of
Colorado Division of Minerals and Geology. TDN 00-140-116-002 (Oct. 18, 2000). In the Mine
Site Evaluation Inspection Report accompanying the ten day notice, OSM indicated that the
allegation in the Tatums' letter "gives OSM reason to believe that if true, the allegation
constitutes a violation of [the Division's] regulatory program."
13. Under OSM regulations, if OSM identifies a possible violation, it provides ten
days notice to the state enforcement agency (in this instance, the Division). By the end of that
period, the Division must either take "appropriate action to cause the violation to be corrected"
or show "good cause" for not taking such action. See 30 C.F.R. § 842.11(b)(1)(ii)(B)(1).
14. In response to the ten day notice, the Division conducted it own inspection of the
Tatum property on October 25, 2000. During that inspection, the Division noted the existence of
the broken water line, which was then under repair. The Division also noted the existence of
cracks in the house on the Tatum property. The Tatums reiterated their view that the cracks were
the result of ongoing subsidence impacts from the Golden Eagle Mine.
15. The Division issued the Notice of Violation because (i) the damage observed at
the Tatum property was consistent with previously documented subsidence related damage and
(ii) the Tatums indicated that the damage had occurred after the decision of the Interior Board of
Land Appeals in Jim and Ann Tatum.
16. The Division informed OSM that it had taken this enforcement action, and OSM
found that doing so constituted "appropriate action" in response to the ten day notice.
17. Basin sought timely review of the Notice of Violation by filing on November 13,
2000 a petition with the Board to review the NOV. The Tatums chose to become parties to the
proceeding before the Board.
] 8. While disclaiming any legal responsibility to take remedial action, Basin arranged
and paid for repairs to the water line at the Tatum property as a gesture of good will. Basin has
made no repairs to the house on the Tatum property, and has made no payment for repairs of the
alleged new damage to the house. Basin, of course, paid in full the diminished fair market value
of the house resulting from subsidence as determined by this Court's judgment in Tatum v. Basin
Resources.