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i- N II II II. ~ ~ ~tfi ~~ - 999 I ^ ~~ United Statcs Department of the Interior UFFICE UN SURFACE MINING ~~j~J.~EEfl 1tEC1-AMATiON AuVD ENFORCEMENT Washington, D.G 202x0 bSrs. Ann Tatum Law Offices of Jim Tattua & Associates 8703 Bonhomtae Houston, Texas 77074 JAN 15 1~9 07TIOfUL FORM 9R 11-Bq FAX TRANSMITTAL o.o~.~.a.n<rCo 1 D m Dear Mrs. Tatum: la to ~'-- SOW t0, OEMEMI a~ ow•• i ~-+ fo lbis letter responds to your December 18, 1998, letter to me and Ricltud Se-bd, is which you questioned certain materials you recdved in responx to your July 20, 1998, request to the Office of Surface Mining (OSM) for information under the Freedom of Information Act (F'OIA). Your FOTArequest and numerous other letters to OSM represent your dissatisfaction with OSM'a Snel dedaion regarding your November 1993 citizen wtrtplaim that underground mining by the Golden Eagle mine had damaged your Colorado residential structure. The final detasion at issue here was made September 16, 1995, by Mr. Sabel, who s OSM's Western Regional Coordinating Center Regional Director. In his decision, Mr. Seibel concluded shat the State of Colorado had responded appropriately to OSM 10-Day-Notice ('IDN) No. 93- 020-370-000, violations 1 and 3, both related to possible subaideace at your msidrnce. On October 12, 1995, you filed an appeal of Mr. Seibel's conciusion aith the U. S. Ikpartment of the Interior Board of Land Appeals (IDEA). The IDEA has made no decision on this appeal.. Your December 181etter makes new and repeated points regarding your complaint and raises questions about the docurttenu OSM sent you in response to your July 20 FOIA request. I rt~peu the fact that you disagree with our wnclusions_ However, as we have informed you in previous letters we stand by Mr. Berber's 5na1 decision regarding TDN No. 93-020-370-000. Your case is now before the IBLA Whea the 173LA rendero a derision on it, OSM will mpond accordingly. In response to your recant latter, l offer the following: (1) a genera] description of OSM's procedure for addressing tatizena' complaims regarding possible violations of State programs; (2) an abbreviated accounting of our interactions with yeu in the ensues of your particular citizen complaint to date; end (3) a response to your addirional requests for information under the FOIA. (1) The Surface Mining Control and Reclamation Act of 1977 (SACRA) established a cooperative State-Federal arrangement for the nationwide regulation ofcoal-mining operations. Under SACRA, the Colorado Division oftvfinerels and Geology (DMG} has been granted ~..