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~ ` 02/06/2008 18:26 3032315360 REG SOLICITOR DENVER PAGE 03/09 <br />FED. ~6, 2008 4:18PM USDI IEIA •- ~uu. 04~o r, ~i o <br />L `l <br />I$LA 2008-24 <br />Baclcgr'ound <br />Ia 1984, Basin Resources, Inc, (Blip obtaineQ a permanent program permit <br />(No. C-81-~D13) from the Srate regulatory authority to conduot undexground coal <br />mining OpE:ratirnas at the Gold, Eagle Mine in Las Animas Cownty, Colorado 2 TIiP <br />Board pre'oxouslq determined that BRI's mining .activity under that permit~xesukted, <br />sonnetitne iin the early 1990's, in subsidence damage to the Tattaril9' home sear <br />Weston, Colorado. See Jim and Ann ~'a~, 1.51 ISLA 286, 306-308 (2000) . In 2001, <br />~Wespawrel.and Coal Compaizy (Westmozeland) ~urchased BRI from Entech, inc. At <br />the tithe o1E purchase, BRI was a wholly-owned ~ubsidiaxy of gnrech. 'In 2004, the <br />Statx regulatory authority issued C-81-O13 to BRI "to conduct a mining op~'°0II <br />known as the Golden Eagle Mine" for a period of 5 years. Statement of Reasons <br />(SOR), F,x.~D. The permit issued in 2004 is a 5-yeax renewal of the previous permit. <br />Un~~er 30 U.S.C. § I271(a) (1) (2000), when a citizen's complaint gives OSM <br />reason to 'believe that nay person is in violatian of any requireruent of 3MC1tA or any <br />permit co~ldition required by SMCRA, OsM must notify the State regulatory <br />authority. West Virginias Highlands Conservancy, 165 IBLA 395, 40 ~ f2.h0e State P <br />RohertL. illewell,1231BLA 2b3, 2513.59, 99 X.D. 100, 104 01.992)., <br />regulator3~ authority fails wichia'1o days after aocification ro take appropriate action <br />to cause the violations to be corrected or to shAw good cause for i"aikure to do so and <br />to u-ausmit notification of its acden, OSM must immediately order a Federal <br />inspectioYa of the surface coal shining operation at which the alleged violation is <br />occurring. Id. <br />J.n a citizen's complaint dated August 1, 2007, Ana Tatum requested that OSM <br />issue a TllN to DBMS. She alleged that the permit had bees "imp~iently issued" <br />2 Under section 506(a) of the Surface Mining Control and R,eclamatton <br />.act CSM~rR.A). 30 U.S.C. § 1256(x) (2000), a person is required ~hapce ~t <br />issued b;;~ a State regulatory authority authorizing him to engag <br />o Lions" within that State before undertaking arty such aperanons. The <br />~~ P~ ation[sl" ~ defined by section 701(28) rtf SMCRA, <br />term "surface coal mining apes <br />30~U.S.t;. § 1291(ZB) (2000), to include activitkes subject to the renuirements of <br />30 ~.1.S.t:. § 1266 (2000) for ~,uface operations and surface impacts incident to an <br />underground coalmine, <br />2 <br />