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<br />111. COMMENTS • COMPLIANCE .
<br />8 low are comments an the inspection. The comments include dlaeusslon of
<br />o ervatlons made during the inspection. Comments also describe any enforcement
<br />a liana rakett during the inspeetlan and the facts or wldenee supporling the enforcement
<br />n October 25, 2000, David Berry (DMG) conducted an inspection of the residence known as
<br />olitario' at 12630 Highway 72, near Weston, Colorado. The residence is owned by Jlm antl
<br />n Tatum. fib inspectlon was conducted In response to a citizen complaint letter dated
<br />ctober t6, 2000, addressed to the Offlce o1 Surface Mining (OSM). The letter wee conveyed to
<br />e Dlvisien of Mirlereis and Geology (+7MG) along with aTen-Day Notlce (TON) Number X00•
<br />180.1 t6{t02 TV1, received by DMG on October 20, 2000. Ms, Ann Tatum clarUlee the nature
<br />_ aa--dx1 content of the complaint in her letter to DMG dated October 30, 2000. Coplec of the Tatum
<br />I~tlers and the TDN are ettarJled to thle inspection rsporL
<br />initial response deaolire for the TDN was October 30, 2000. An extension of two days was
<br />fed by the OBM, based or a kner for DMG dated Or3ober 30, 2000, requesting such an
<br />nsion. The extension loner 1s also attached w this report.
<br />trig tree inspection, David Berry and Ann Tatum d'GSCtlSaed and agreed that this DMG
<br />leldion, and any enforcement actions taken as a result of this DMG inspection, would be
<br />afie to arty damages at fha TaWm residence and property that xcurted after the tlamagea
<br />ady docutnentQd and addressed during the trial CouR~preaedings in Trinidad Coierado (see
<br />rm v. Basin Resduroas. Inc., Cane fdo. 92CV127, OislrictCoun.l~s Animas County), and
<br />Interbr Board of Land Appeafe (IBLA) proceeding and subsequent lt3L.A order dated July 26,
<br />0. This DMG inspecion and rosuftam enforcement action do not address any damages rt
<br />Tatum Reaidance and property, that waro addressed end ruled upon by the ebove•
<br />renoed IBLA procaedng. 1'hk DM(3 Inspl.c~lon and associated enforcement action is not
<br />ndsd to address damages to the Tatum rasldenee antl property already addroased in Cie
<br />rnUy Issued OSM Notlce of Vblation (NOV) 00.140.116-01. vblatbn 1 of 1.
<br />Berry arrived at the TaWm reslderroe at approximately 9:16 a.m., on October 26, 2000.
<br />individuals on site were a City o! Trinidad employee. Ann Tatum, and cbrmacmr personnel
<br />~entina Frcbraro Construction.
<br />eonksetor was on eke tb repair a broken waver Ilna. and trio repair work had been
<br />dinated by Mr. Ron Thompson, ropracanCng Basin Resources. as documented in the two
<br />yled leaers from Ron Thompson to Ann Tatum dabd OCtotwr 20, ?000 and October 24,
<br />7. Baein Rascuroas arranged torthe water teak repairfolowing receipt of the Ocwber 16,
<br />complaint latter ham Ann Tatum and fotbwing verbal wqueets dlreebd to Basin
<br />aeentativas, trier Basin assist In repairing the bsk, made by David Garry during the week of
<br />)tier t6, 2000, -
<br />agreed that the repairwark coordinated by Basin Resources, rind conducted by Frebraro
<br />uctlon would incl•,,de both the repair of the water Yne. and the impartation of dry din
<br />al to tilt the saturated pastlrs area by the softie gate down gradient from the IeaMng pipe.
<br />for to David Berrys arrival, the water line location on the property had been marked with blue
<br />lint. The area of the leak was about 25 teat, rcughty north of the location menced to be the City
<br />Trolidad's main Ilse. The leak was evidenced by wabr flowing at the pasture surface, and
<br />!s causing surface water runoff flowing to the east and creating muddy conditions along the
<br />~w path. Fxcavatlon for LMe repak Inltlated around tOAC a.m., end a teak was idsntitled once
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