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'' 02/06/2008 18:26 3032315360 REG SOLICITOR DENVER PAGE 03/09 <br />. NU. 04LD ~, ,C/ 0 <br />FED. ~6, 2008 4:18PM USDI iBIA ~- <br />y 7 <br />IBLA 2008-24 <br />Baclcgr"ound <br />In 1984, Basin Resources, Iue, (BRA obtained a permanent program permit <br />(No. C-81.013) from the State regulatory authority to conduct underground coal <br />mining operations at the tsold~en, Eagle Mine in Las A~mas County, Colorado 2 Thp <br />Board previouslq determined that BRI's mining activity under that permit~resulted, <br />sometime in ttie early 1990's, in subsidence damage to the ?atoms' home near <br />306-308 (2000. 1n 2001, <br />Weston, Colorado, See Jim and Att~arz~meland) ~t~rchased6 Hlti from Bntech, Inc. At <br />~vN~pmoreland Coal Compalxy CW <br />the time of purchase, SRI 'was a whoIly-awned subsidiary of Bntech. ~In 2004, ~e <br />Stare regulatory authority issued C-81-013 to BRI "to conduct a mining operation <br />known as the Golder Bogle M ed'ia~004 is a b year renewal o~e pre~ous permit. <br />(SOR), Fx. D. The permit issu <br />Under 30 U.S.C. § I271(a) (lm(v2ioQation of any genuiremenpof MC1tA O ~y <br />reason to believe that nay person ~s <br />permit condition required by SMCR~ OSM must aot~fy the State regulatory c~.n <br />authOrlty, West Virginia Highlands Conservuncy,165 IBLA 395, 404 (2005), - <br />RobertL, Cleweli,123 IBA 253, 258.59, 99 I.D. 100, 104 X1992). If the Slate <br />regulatory authori~y fails within. ~a.o days after a~ouu ~ ~~e f~~l~ ~ do so and <br />to cause the violation to be corrected or to shA g <br />to u-dusmit noti,Scatioa of its a~don, OSNI must immediately order a Federal <br />inspecrion of the surface coal mining operation at which the alleged violation is <br />occurring. Id. <br />Ann Tatum requested that 05M <br />Tn a citizen's complaint dated August 1, x007, <br />issue a TDN to DBMS. She alleged that the permit had been "irnp~dently Issued" <br />2 Under section 506(x) of the Surface Mining Convcol ancL Reclamation <br />Act CSMCRA), 30 U.S.C. § 1256(x} (2000), a person is required to have a permit <br />issued b3- a State regulatory authority authorizing him to engage in "surface coal <br />mining operations" within that State s ~~ defiucd by se ti n 7o C 8?~ SMCRA,e <br />t~ "surface coal mining operanon[ ] eats of <br />30 U.S.C. ~ 1291(28) (2000}, to include activities subject to the requires , <br />30 ~).S.C. § 1266 (2000) for sur{acE operations and stnfaee impacts lnddent to an <br />underground coal mine, <br />2 <br />