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04/14/00 ,FRI 10:48 FAx 303 231 5383 SOLICII'DR/DENVER <br />l3~oos <br /> <br />conduct a4 inspection of the Tatums' property, it will decline to cite thaz violation because the <br />agency does not accept the Board's ruling that the mere occurrence of subsidrnce is a violation of <br />the Colorado program. Response at 6. This is little short of contempt for the administrative review <br />procasR and of this Board, which, whether OSM likes it or not, speaks finally for the Secretary in <br />matters such as this otte. 43 C.F.R. § 1101(8). <br />Moreover, the Colorado program must be read to requite BRl to compensate the Tartans <br />voluntarily and in a timely mariner: To imcrprct the pertinent tegulatl0ns otherwise would license <br />OSM to impose by administrative fort, without notice to the public or opportunity for interested <br />parties tib wmment, the unjust requirement that every homeowner damaged by coal mine subsidence <br />must first go to court to establish that feet before demanding that the SMCRA regulatory authority <br />or OSM enforce the legal requirement to provide just compensation. Such a result would plainly be <br />inconsistent with Congress' intent in enacting the Energy Policy Act of 1992. Accordingly, the <br />Board's decision cannot be reasonably read to leave OSM free to do nothing more then inspect the <br />Tazums' property, without citing BRI for the violation that the company committed (1) when <br />subsidence caused by its mining operation damaged the Tatums' raidence and (2) again when BRI <br />forced the Tatums to pursue judicial action, at substantial financial cost, to obtain compensation for <br />that damage. <br />WHEREFORE, the Tatums urge the Board ro deny OSM's petition for reconsideration and, <br />e <br />in the order accomplishing that result, to clarify that the "appropriate action" OSM must take <br />includes, at a wiuimutn, the issuance of notices of violation to BRI for (1) causing subsidence <br />damage to the Tatums' residence [2 Colo. Code Regs. § 4.20.3(1)]and (2) failing to compensate the <br />Taturas (or evrn to make a reasonable offer to compensate them) voluntarily within a reasonable <br />3 <br />90'd LO~bT 00. b] add 8SS£998£0£~XEd <br />