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ENFORCE35557
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Last modified
8/24/2016 7:45:08 PM
Creation date
11/21/2007 2:41:13 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981013
IBM Index Class Name
Enforcement
Doc Date
1/5/2001
Doc Name
BASIN RESOURCES INC NOV CV-2000-009 EXHIBITS FOR ASSESSMENT CONFERENCE
Violation No.
CV2000009
Media Type
D
Archive
No
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RC\' F1': D. G.&5. :IO-3U- a :f: L'f;l'\1 ~~ <br />:if~;i ' it S:fCf;f- U. G. &5.:N 4 <br />ISLA 96-90R, 96-91A <br />did not identify damage to the Tati3¢ have as a violation, even though s <br />reference to 2 Colo. Code Regs. 4.20 Bras included in the TIN. agI cbes <br />adait, k;awever, that "cmich of the subsequent review in response *A the <br />Tats' December 1994 request for informal review of Cl4i's initial deciSims <br />focuad ar the question of whether or mt the Tatutbs' pane had been dmnaged <br />by subsidence." (Petition at 6, n.5.) But Off asserts "that issue was <br />Haver part of the TIN for which II~'s respazse is being judged in this <br />decision." Id. <br />Althourh the TLN did not specifically allege damage to the Tatums' <br />home as a violation, the TLIS did include a citatinn to 2 Colo. Carle Pegs. <br />4.20, rdzidi is entitled "Subsidence Control," and includes a suhsettioaz,, <br />4.20.3, entitled 'Lh~rface Amer Protection." Moreover. the C14I Deputy <br />Director in hie Jara~ary 18, 1995, "interim respm~se" informed the Tatums <br />that tt~ had eomai.tted to lafdertake a thorough technical investigatirn to <br />der..+~+;,,e whether HPI's mining operation hnd caused subsidence damage, that <br />GSti would carefully mm^itoz D`e's irfvestigation efforts, and that Chi would <br />provide technical assistance A QdG. Finally, he stated that foll.owi~ <br />completion of the teclu~ical investigation, "we will review subsequent <br />act+,,,,. taken by the zZ7G and will promptly notify you of our decision in <br />r'~nce t0 each of the V'iaiat±OnS alleged Sn the TIIQ." It, as 0141 nOw <br />asserts, the issue of damage to the Tatums' house "was never a part of Che <br />TII~7, ^ tree question is why would tip and cL4i, as exp, _; *+•~ by the asi Leputy <br />Director, seek to undertake an extensive imrestigation of that very issue? <br />We believe the answer is that st>tmsoed in the TDN was the issue of <br />subsidence dffi1e<ge to the resideme, ~idz was understood by all parties t0 <br />be at issue and was being investigated by all parties. <br />In his Septeober 18, 1995, decision, the Regions]. Director, oPesterri <br />Regialai Coordinating Center, 06ti, stated that "the state has omrluded <br />that file Tatum residence is not within sn area where mine subgidenoe is <br />occurring or has oca:zred. This is the samo conclusion readied by each of <br />three C+3i experts reviewing the site osldltions and modeling analysis. I <br />oc¢xttr with their de*~**"; *+~tion." He furtr~ stated that "I find that the <br />AEL) Director properly de*ersi*+~ that II~'s response to the alleged <br />violation 1 of 3 relating to damage to Yolr ratida~oa c1~e to subsid~k:a <br />otntsined in the ten-day T»tice instituted appropriate action." (P3npba9is <br />added.) 1/ <br />1/ In this case, there was no enforr~t er other action by ~ to caws <br />the violation to be corrected. The reason i.s that IZ~ foiaid run violatifoa'i. <br />Amorstingly, OSi should have concluded that II~'s response are..-tituted <br />"good cause" for failure to take action because, in aeo~rdance with 30 <br />C.F.R. § 842.I1(b)(ii)(8)(4)(1), under the State ptbgrm¢ the violation did <br />not exist. See Bert L. ~ Moses Tennant. 135 ~A 217, 227-28 (1996)7 <br />Patricia A. 13 IeIA 372, 376- 7 (1995). <br />3 <br />
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