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F N ~R ~ ~ n! aFxx aF3~l iU United States Department of the Interior OFFICE OF SURFACE MINING Reclamation and Enforcement 1999 Broadway, Suite 337A Iknver, Colorado 807A2-5733 November 9, 2000 Mr. David Berry Coal Program Supervisor Division of Minerals and Geology Department of Natural Resotuces 1313 Sherman St., Room 215 Denver, Colorado 80203 RE: Finding of "Appropriate Action" for Colorado Response to Ten-Day Notice No. X00-140-116-002 Deaz Mr. Berry: The I)enverField~.Division (DFD). received your response dated November 1, 2000, to the above ;_ referenced Ten=Day Notice (TDN). The TDN was issued as a result.of a citizens complaint received from Ms-Ann Tatum. The-complaint gave the DFD reason to believe that there existed a violation of th8:~olorado regulatory program.at Rule 4.20.3 (2). The Tatum complaint alleges: - __ "....the _water problem in the meadow south of our home is a leak in the city line rnnning through _ ~. our proQerty. The leak is apparently the result of ongoing and confinuingsubsidence caused _. . from Basin Resouices's coal mining operation" By letter dated October 30, 2000, you requested an extension. fiSr~yduc response until November 1, 2000, onthe basis of.tiine required to develop _- ;:.,:photographic and additiiinal citizen statementevidence. I granted yotLthe_addition_ al time by telephone on October 30, 2000. - Your response included copies of the Division of Minerals and Geology (DMG) inspection = ="="repoit; the Noficeof Violation (NOV), and various correspondence materials received grid sent during your investigation of the complaint. On OctobeF 25; 2000, you conducted an inspection of the Tatum residence. Ms. Tatum was present and clarified the nature and content of her complaint. Discussion focused on damages at the Tatum residence that occurred after the damages already documented and addressed during the District court proceedings (Case No. 92 CV 127) and the Interior Board of Land Appeals (IBLA) proceeding and subsequent iB[.A decision (iBLA-96-91). Prior to the inspection, arrangements were made with nor. Ron Thompson of Basin Resources Inc., (BRI) to arrange for repair of the water line addressed in Ms. Tatum's complaint. The water line was excavated and three leaks werc repaired. The cause of the leaks involved rust of the