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y1 , pipe, but there was no conclusive indication regazding ground movement associated with alleged subsidence. It is.Ms. Tatum's position that the water pipe damage occurred due to subsidence impacts associated with the adjacent Basin Resources mine. During the inspection, you and Ms. Tatum also viewed and documented damage to the Tatum residence and garage. It is Ms. Tatum's position that new damage has occurred in addition to damages previously addressed in the above referenced District court and IBLA proceedings, and that the new damage to the Tatum residence and gazage is a result of ongoing subsidence impacts from the adjacent BRI mine. The damage includes cracking in the walls and floor. As a result of your-inspection, the 1JMl.i issued NUV No. CV-L000-OOy to 1~L{l. The NOV mites Colorado regulation 4.01.1(a) and 4.20.1. BRI is required to "promptly repair, rehabilitate, restore, or replace damaged occupied residential dwellings and related structures or noncommercial buildings: or compensate the owner of the damaged occupied residential dwelling and related.structure or noncommercial building in the full amount of the diminution in value resulting from the subsidence." The time for abatement is until December 31, 2000. The NOV was~issued because it appeared [hat subsidence impacts, originating at the Golden Eagle Mine operated by BRI, are adversely impacting the Tatum residence, gazage, water line and pasture: --The permit document for this mine (Permit No. C-81-013) specifies that no such - damage would'occfir. The above referenced District Court and ~BLA decisions found that_BRI's Golden Eagle Mine did previously cause subsidence damage to thes'atum residence. The .._. damages observed_during DMG's October 25,.2000, inspection aze consistent with the damages previously attributed to subsidence impacts from the mine, as documented in these decisions. _ Because the damages observed during the October 25.,-2000,-inspection aze consistent-with the- previously-.documented subsidence damages, and based upon the statements-of-Ms. Tatum that - -- -- - --the damages_obseived during the inspection ocean-edsince-the.damages previously-.addressed.by- -- theDistrict court and the IBLA, the DMG issued the. NOY_._._ - ____ _..____ ___ -.::_ .- - In light of the~above'and the materials contained in-yourresponse, the DFD finds pursuant to.30 CFR 842.1 l,'your response is not azbitrat3r~_ r~cious, or an abuse of discretion under the _ Colorado regulatory.program and is consider =ppropriate_action" to cause the violation t_o be . , _... corrected. - -- ~- We appreciate the diligence and effort undertaken by DMG in responding to the TDN. _ Sincerely, i l Jrlv~~ James Fulton Chief, Denver Field Division cc: Henry Aus[in, DFD