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IBLA 96-90,96-91 <br />Reclamation Act of 1977,30 U.S.C. § 1309a(aX2) (1994), only if that water supply constitutes <br />a "drinking, dom I estic, or residential water supply." <br />Su-Face Mining Control and Reclamation Act of 1977: Citizen's Complaints: Generally- <br />Surface Mining Control and Reclamation Act of 1977: State Program: 10-Day Notice to State- <br />SUrtace Mining Control and Reclamation Act of 1977: Subsidence: Generdly <br />When the record Ion appeal establishes that the state regulatory authority's response to a 10-day <br />notice ofa state regulatory program subsidence violation by an curderground coal mining <br />operation was arbitrary, capricious, and an abuse of discretion, the OSM decision upholding the <br />state regulatory authority's action will be vacated and die case remanded for appropriate action. <br />APPEARANCL S: Ann Tatur pro se and for.lim Tatum, Houston, Texas; Brock Wood, Esq., Office of the Regional <br />Solicitor, U.S. Depxutment ofthe Interior, Lakewood, Colorado, for the Office of Surface Mining Reclamation and <br />Enfoarement <br />OPINION BY DEPUTY CHIEF ADMINISTRATIVE JUDGE HARRIS <br />Jim quad Ann Tatum (hereinafter, Tatum or appellants) have filed separate appeals from two decisions ofthe Regional <br />Director, Wcstem Regional Coordinating Center, Office of Surface Mining Reclamation and Enforcement (OSM), dated <br />August 24, 1995, and Septembe-18, 1995, determining that die responses of the State of Colorado, Department ofNatual <br />Resources, Division of Mining and Geology (DMG) were appropriate action in response to a Teri-Day Notice (TDN) <br />issued by OSM. OSM issued the TDN to DMG following receipt ofa citizen's complaint from the Tatuns alleging that an <br />urxlergrO nd mining operation cbrxlucted by Basin RCSOUares, Inc. (BRI) (formerly, Wyoming Fuel Company), had caused <br />subsidence danage to their home near Weston, Colorado, arid damaged a livestock water well on their property. 1/ <br />1. Factual and Procedural BackgroL <br />On January 25, 1984, BRI obtained a permanent program permit (No. C-81-013) from the State regulatory authority. <br />The permit, as revised July 2, 1990, authorized BRI to engage in underground coal mining operations on 9,068 acres of <br />Federal and private land situated !in Ts. 33 <br />i <br />1/ The Board docketed the appeal of the Aug. 24,1995, decision as IBLA 96`90 and the appeal of the Sept 18, 1995, <br />decision as IBLA %-91. Those two appeals have been consolidated for purposes of this opinion <br />151 IBLA 287