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r= 38UU cOu~ r\' 63.9 TRIVID:\0.C'OLOR:\UO 81UR2 October 4, 2000 United States Department of Intcrior Office of Surface Mining Reclamation and Enforcement Western Regional Office Program Support Group 1999 Broadway, Suite 3320 Denver, Colorado 80202 Re: Notice of Violation No.N00-140-I 16-1101 Dear Sir or Madam: VLF H:*,~\D DELIVERY ~~C~~~D OCT 0 4 2000 U.ti.:~l. - ~~ IZCC'-URD On September 22, 2000, the United States Office of Surface Mining Reclamation and Enforcement (OSM) issued Notice of Violation No. N00-140-1 16-001 (NOV) to Basin Resources, Inc. (Basin), relating to the Golden Eagle Mine. Basin wishes to take this opportunity to provide additional information to OSM. This additional information requires OSM to vacate the NOV, as the NOV was abated before it was issued, and hence there was no violation of the Colorado program. The NOV arises as a result of the decision of the Interior Board of Land Appeals (IBLA) in Jim and Ann Tatum, 151 IBLA 286 (Jan. ~. 2000). [n Tatum, the IBLA vacated a determination by OSM that the Colorado Division ot'Minerals and Geology (DMG) properly determined that damage to the Tatum residence was not caused by subsidence. See Tatum, 151 IBLA at 308. The decision by the IBLA rested entirely on findings made by a trial court in Trinidad. Colorado in a civil action brought by the Tatums. See Tatum v. Basin Resources. lnc., Case No. 92CV 127 (Dist. Ct., Las Animas County, Colorado). Because (and only because) the trial court found that damaee to the Tatum residence was caused by subsidence. the IBLA found that the DMG acted arbitrarily when concluding the opposite. The IBLA decision remanded the Tatum matter to OSM for "appropriate action." and the NOV is the result of that remand. The NOV alleges that the violation arises due to "[s]ubsidence damaee to the occupied residential dwelline of Jim and Ann Tatum, kno~~n as 5oli[ario." The \'OV lists the poten[ial corrective actions available. and this list is Generally consistent with the Colorado Surface \lining Rules found at_ Colo. Code Reg. 407-'_. ~ =4?0.3(?). The alleged ciolanon would be abated. then. itBasin ~~ere to compensa[e the Tatums for "the diminution in value resultine from subs'idence." as slated m the \'OV. :~-~~,