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.,. III IIIIIIIIIIIIIIII 999 United States Department of the Interior a aenv nets m OFFICE OF SURFACE MINING Reclamation and Enforcement 1999 Broadway, Suite 3320 Denver, Colorado 80202-5733 June 20, 2001 Mr. David Berry Coal Program Supervisor Division of Minerals and Geology Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 1tE: Finding of "Good Cause" for Colorado amended response to Ten-Day Notice No. X00-140-116-002 Dear Mr. Berry: RECEI~Ep JUN 22 ZUD1 +v~sion of Minerals ~, GeOtp~ The Denver Field Division (DFD) received your amended response dated June 15, 2001, to the above referenced Ten-Day Notice (TDN), which provides the current status of the Division of Minerals and Geology (DMG), Notice of Violation (NOV) CV-2000-009. The TDN was issued October 18, 2000, as the result of a citizen's complaint that gave the DFD reason to believe that a violation of the Colorado regulatory program existed. The complainant alleged: "....the water problem in the meadow south of our home is a leak in the city line running through our property. The leak is apparently the result of ongoing and continued subsidence caused from Basin Resources's coal mining operation." The DMG investigated the citizen complaint on October 25, 2000, and issued NOV CV-2000- 009 as a result of the investigation. The water line leak was repaired during DMG's investigation, the DMG issued the above NOV, and as a result of these actions the DFD via letter to you dated November 9, 2000, (attached) found that pursuant to 30 CFR 842.1 l DMG's actions were not arbitrary, capricious, or an abuse of discretion under the Colorado Regulatory program and were considered "appropriate action" to cause the violation to be corrected. Subsequent actions by both DMG and the above complainant are clearly documented in your June 15, 2001, letter. These actions have led to vacation of the above NOV a[ the complaints request, and the complainant petitioning the Las Animas District Court to hear and rule on the issue(s) in the above citizen complaint.