Laserfiche WebLink
<br />a a~x carve m <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />1999 Broadway, Suite 3320 <br />Denver, Colorado 80202-5733 <br />III IIIIIIIIIIIIIIII <br />January z2, 2001 RECEIVED <br />JAN 2 31001 <br />Mr. David Berry <br />Coal Program Supervisor DNision of Minerals 8 Geoloev <br />Division of Minerals and Geology '- <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />RE: Request for Clarification of OSM's October 20, 2000, Mine Site Evaluation <br />Inspection Report (HEIR), NOV 00-140-116-001, Termination Action at Basin <br />Resources, Inc., Permit No. C-81-013 <br />Dear Mr. Berry: <br />The Office of Surface Mining (OSM), Denver Field Division (DFD), has received and <br />reviewed your Januazy 18, 2001, letter to DFD regarding the above. OSM agrees with <br />the Colorado Division of Minerals and Geology (DMG) understanding of our <br />October 2Q, 2000, Mine Site Evaluation Inspection Report (MSEIR) which transmitted <br />the termination of Notice of Violation (NOV)00-116-140-001. OSM also agrees with the <br />DMG understanding of our November 9, 2000, letter that constituted an "appropriate <br />action" finding regarding DMG's response to Ten- Day Notice (TDN) X00-140-116-002. <br />DFD offers the following clazifications: <br />As stated in your January 18, 2001, letter "DMG views the OSM November 9, 2000, <br />"appropriate action" determination as confirmation that in terminating NOV 00-140-I 16- <br />001 based on Basin's satisfaction of the 1997 State court judgement, OSM did not intend <br />to preclude this agency from taking enforcement action to address any subsidence <br />damage to the Tatum's residence and related structures after the date of the State court <br />judgment." OSM's NOV 00-140-116-001 was issued in response to a July 26, 2000, <br />Interior Boazd of Land Appeals (IBLA) decision regarding IBLA case 96-91. The IBLA <br />decision determined that a violation of Colorado Rule 4.20.3 (2) occurred as a result of <br />subsidence damage to the Tatum's residence. This was subsidence damage to the <br />Tatum's residence, as determined by the above IBLA decision, based on 1993 through <br />1995 investigations conducted by DMG, OSM, [he Tatum's consultants, and testimony <br />given in a 1997 State civil action brought by the Tatums. <br />United States Department of the Interior <br />