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<br />DHfA 96-90, 96-91
<br />to deternd.ue what witr]mill pazts were needed," their positiai being that
<br />TAtI's activities in 1991 caused file well to go dry. (Statement of ReaBOps
<br />for Appeal (9011) , D3LA 96-90, at 10, 11.) .
<br />Sy letter dated Dece~ber 18, 1991, the.Thtums first advised BRY that
<br />damage, whids might be attributable to its tarlezgruuxi mining operations,
<br />was ooa3rri.ng to their house. One year later, by letter dated Deoenber 15,
<br />1992, they intified LriG that their water well was dry as a result of ffitI's
<br />mining operations. On May 25, 1993, they sent a letter to LNG
<br />expressing coticezn that damage to their horse eras occurring as a result
<br />of subsidence caused by Bill's undergrwnd mining operations. The letter
<br />was accatganied by a May 24, 1993, zepait prepared by Vince J. Vigil,
<br />Las Atlinas CdlIIlty St,;tA;n~a Inspeotar. Vigil, win, at flue Tatums' xequeat,
<br />had inspected their house Cn May 18, 1993, ohsen'ed 2nmierous structural
<br />cracks in the walls (both interior a~ exterior), ceilings, anti aorners~
<br />of the various mans an<l amtad the windows and doorways on both levels.
<br />He concluded that there had been recent earth rtevstent in close prtuimity
<br />to the residence, but,did not attribute it to subsidence caused by BRI's
<br />neariry ~ wprkir-gs • (Mamra~sn to the Tatians fmn Vigil, dated
<br />May 24, 1993, at 3.) Rather, Vigil advised the Tatums to hire a structural
<br />Am~inmr to corrhict an in-depth investigation of the ~cav.,e and zeredy. .Id.
<br />DhG resp~rled to the May 25, 1993, letter affi attadbed report on
<br />July 7, 1993, concluding that it did not appear that any damage to the
<br />house was caused by mine subsidence. In a subsequent letter to the
<br />Las Animas County Plataiing and Land Use Office, dated August 12, 1993,
<br />TNG expressed the same opinion.
<br />By letter dated Dbvacber 30, 1993, the Thtums filed a citizen's
<br />cotcplaint with OSM a7lca;re the ffi2I's urdergramd milting operation had
<br />caused subsidence damage to their zsidence and damage to a water well on
<br />their pzopezty. do December 7, 1993, in response to the citizen's ocmr
<br />pldislt, OSM issued TDN No. 93-020-370-005 to LNG, listing three violations
<br />of Wlorado State prngtam s~,.a.: ~u;s. The 'iLel described the violations as
<br />a failure to properly acmduct a subsidence survey. subsidence msii.toring,
<br />a~ subsidence crntrol plan far the T~ttmis' property, in violation of
<br />sections 2.OS.6(6) arxi 4.20 of 2 Oa2o. ode Regs. (1991) (Violstiari 1);
<br />failure to control adverse.ec~sequences to.a water well ce Che property
<br />(Violaticxi 2); and failure to provide a detailed operations plan of the
<br />proposed (ar actual) ,~*~+*N wo~cings as it related to the Tatum prop-
<br />erty (Violation 3). In accordance with 30 C.F.R. 5 842.11, O6M required
<br />that the State take apprntniate action to corxect the violations ar show
<br />good cause far failing to do so.
<br />~ December 20, 1993, LNG resp~ded assexti.ng that fII2I had rot vio-
<br />lated State standards as alleged in Violations 1 ar-3 3, and that, due to
<br />lack of historical information from the TBtums ~+'*'~*x; the water well,
<br />it did not oca~sider 1$2I to have violated State standards, as set forth in
<br />violation 2. On February 4, 1994, followixg the receipt of furt2~er infor-
<br />mation fmn ING, the n~~+~'~*q"~ Fie1d Office (74F0) , 0.8+1, informed LNG,that
<br />••' :,r.
<br />. 1S1~~IffiA"290' -
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