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1151 Interior Dec. 286 <br />(Cite ae: 151 Interior Dec. 286, *308, 2000 WL 1740340, **19 (D.O.I.)) <br />Page 19 <br />FN2. The house has plaster interior walls and a wire-mesh reinforced cement <br />(stucco coating on the exterior. The eastern third of the house has two stories <br />and the remainder is one story high. There is a partial basement under the <br />(western third of the house, which was added sometime after construction of the <br />hest of the house. The remainder of the house is underlaid by a shallow crawl <br />space. At the western end of the house, there is a short flagstone-covered <br />,breezeway which runs south to a two-car garage. In the center of the overall L- <br />~~Shaped configuration of the house, breezeway, and garage is a garden, enclosed <br />by a low adobe wall. <br />iFN3. In Ronald Maynard, 130 IBLA 260, 262-63 n.6 (1994), we stated: <br />"'Angle of draw' is defined in 1 SME Mining Engineering Handbook § 13.1-1 <br />(1973) as 'the angle between a vertical line from the edge of the [mine] opening <br />!and another line extended to a point at which subsidence tails out to zero.' The <br />handbook states further: <br />'This angle has been found to be about 35. in Europe but is rather academic, <br />ibeing a function of instrument precision in detecting subsidence. Since the <br />~~SUbsidence effect is so small at any point beyond a 25. angle, this latter may <br />be considered the practical limit of subsidence. Furthermore, indications are <br />that the angle of draw varies with depth and nature of the strata.' <br />(Footnote omitted). <br />'Angle of draw' is also defined in A Dictionary of Mining, Mineral and Related <br />Terms, U.S. Department of the Interior, Bureau of Mines 39 (1968), as: <br />j 'In coal mine subsidence, this angle is assumed to bisect the angle between <br />Ehe vertical and the angle of repose of the material and is 20. for flat seams. <br />For dipping seams, the angle of break increases, being 35.8. from the vertical <br />Eor a 40. dip. The main break occurs over the seam at an angle from the vertical <br />~qual to half the dip."' See M & J Coal Co. v. OSM, 115 IBLA 8, 21 (1990). <br />~'N4. Section 720(a)(2) of SMCRA was added by section 2504(a)(1) of the Energy <br />Policy Act of 1992, Pub. L. No. 102-486, 106 Stat. 2776, 3104, on Oct. 24, 1992, <br />as a result of the court's Jan. 29, 1988, decision in National Wildlife <br />rederation v. Hodel, 839 F.2d 694, 753-54 (D.C. Cir.), holding that section <br />~17(b) of SMCRA, 30 U.S.C. § 1307 (b) (1994), pertaining to the replacement of a <br />water supply adversely affected by a "surface coal mine operation," did not <br />apply in the case of damage caused by an underground operation. <br />I <br />FNS. DMG stated that the well was located within a "fenced-in pasture of about <br />11 acres in size," but that the condition of the pasture, including "[s]ome" <br />Fnocked-down fencing and "many" fence posts rotten at the base, indicated that <br />it had not been "recently used for grazing." (June 1995 DMG Report at 2.) <br />.~N6. Given our conclusion, we need not decide whether BRI's actions resulted in <br />'a "diminution" of appellants' water supply from the well. Although DMG's June 6, <br />1995, letter to OSM states that "it is likely that the water level in the well <br />Nas influenced by the adjacent underground workings and exhaust shaft," the <br />ittached report states that "[t]here has been no demonstration to the Division <br />that there has been damage (a loss of beneficial use.)" (June 1995 DMG Report at <br />Copr. m West 2001 No Claim to Orig. U.S. Govt. Works <br />