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<br />DMG Request for Clarification, pg. 2 <br />OSM terminated the NOV based on Basin Resources, Inc. providing evidence that the <br />Tatums were fully compensated for [he subsidence damage, as directed by the 1997 State <br />civil action. This is clearly stated in OSM's October 20, 2000, MSEIl2 narrative. <br />OSM's November 9, 2000, letter to DMG constituted a finding of "appropriate action" <br />with respect to DMG's November 1, 2000, response to TDN X00-140-116-002. The <br />appropriate action finding deteanined that DMG's October 25, 2000, inspection of the <br />Tatum residence resulting in DMG enforcement action (NOV No. CV-2000-009) would <br />correct the violation alleged in the TDN. Further, the letter cleazly discusses OSM's <br />understanding of DMG's basis for issuance of [he enforcement action. <br />OSM's enforcement actions and their respective resolutions described above were not <br />intended to preclude the issuance of additional enforcement action based on any <br />subsidence damage that may have occurred to the Tatum's residence and related <br />structures after the date of the 1997 State court decision. OSM hopes this helps to clarify <br />the intent and resolution of our enforcement actions in this matter. <br />If you have any questions call me at 303-844-1400, ext. 1424. <br />J Sincerely <br />u~I <br />James Fulton <br />Chief, Denver Field Division <br />cc: Henry Austin, DFD <br />