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2007-05-10_ENFORCEMENT - C1981013
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2007-05-10_ENFORCEMENT - C1981013
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Last modified
8/24/2016 3:16:52 PM
Creation date
8/7/2009 3:58:43 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981013
IBM Index Class Name
Enforcement
Doc Date
5/10/2007
Doc Name
DRMS Brief in Support of NOV CV2007001, Civil Penalty & Proposed Decision on SI
Violation No.
CV2007001
Media Type
D
Archive
No
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IBLA 96-9 0, 96-91 <br />and 34 S., R. 67 W., Sixth Principal Meridian, I.as Animas County, C0101ado, in which BRI owned or leased the mineral <br />estate. This included about 153 acres of land subsequently purchased by the Tahrms in 1988 known as the "Solitario <br />Ranch," part of which overlaid an alluvial valley floor (AVF) of die Pw toire River. In order to prevent subsidence of the <br />land swface hum occurring within die AVF, BRI's permit specified an extraction rate of no more than 50 percent of the <br />material underlying that land by', the room and pillar method. BRI was otherwise pennitted to engage in longwall mining. <br />In May 1988, BRI proposed to extend its existing Underground coal mining operations (known as "First North Main") <br />in the Maxwel I coal seam of the Raton Formation, within its permitted area, northeast under the Colorado and Wyoming <br />Railroad right of=way, time Purgatoire River, and the Hoot-of-way for State Highway 12, thereby crossing cinder the tract of <br />land owned by the Tat uns, which is bisected by the highway and the river. That tract of land contains an adobe house, part <br />of which dates firm the early 1900's, which is located south of die river and the highway and nortl>east of the railroad. 2/ <br />At the time BRI proposed tI extend its operations, the First North Main workings were located 2,150 feet southwest of <br />the Tatums' house. BRI inifiated room and pillar mining operations underneath the Tatums' property in May 1988. That <br />operation involved construction of 18-1oot- wide, 7.5-foot-high entries, surrounding 80-foot-square pillars. However, this <br />mining ceased in July 1988 when productivity decreased and it became uneconomic to continue mining. <br />i <br />Ronald K. 'Ilhompson, a BRI employee who commenced work for the company in February 1990, explained, in a <br />December 10, 1993, deposition that he understood that water I><ad accuunulated in the workings, softening the mine floor <br />ard slowing operations. (Deposifion at 27.) He stated that the mine was later sealed off and filled with water, thus <br />prevenfing access. Id. at 4. <br />i <br />On November 27, 1990, DMG approved Technical Revision No. 15 to BRI's permit, which provided for drilling a 10- <br />to 12-foot diameter airshaft ("NW- I Shaft") to a depth of 590 feet in sec. 19, T. 33 S., R. 67 W., Sixth <br />I <br />I <br />_2/ The Ixxise has plaster interior:walls and a wire-mesh reinforced cement stucco coating on the exterior. The eastern third <br />of the house has two stories and the remainder is one story high. There is a partial basement under the western third of the <br />house, which was added sometime after construction of the rest ofthe house. The remainder of the house is underlaid by a <br />shallow crawl space. At the western end of the house, there is a short flagstone-covered breezeway which runs south to a <br />two-car garage. In the center of the overall L-shaped configuration of the house, breezeway, and garage is a garden, <br />enclosed by a low adobe wall. <br />151 IBLA 288
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