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; <br />1. NOV CV 2007-001 <br />i <br />a. Factual back round: <br />1. First occurrence of subsidence <br />i <br />The current NOV involves the second incidence of subsidence caused by <br />Basin Resources' mining operation. The factual background of the first <br />incident of subsidence sheds light on the present NOV including its <br />procedural stance. <br />In 1988, Tatums bought land that included a residence in a location near <br />where underground mining was conducted by Basin Resources. In 1993, <br />Tatums alleged that Basin Resource's mining operation caused subsidence <br />damage to their house. Tatums requested that DRMS issue a NOV. DRMS <br />at that time determined the damage to their home was not caused by <br />subsidence. <br />i <br />Tatums sent a citizen complaint to Office of Surface Mining, Reclamation <br />and Enforcement (" SM") concerning the subsidence damage. On <br />December 7, 1993, OSM issued a Ten Day Notice ("TDN") to DRMS.2 <br />DRMS responded to' the TDN that there was no violation. After OSM and <br />DRMS conducted fuIrther extensive investigation, OSM concurred with <br />DRMS that subsidence was not the cause of the damage to the Tatums' <br />house. <br />A. Interior Board of Land ADDeals <br />Tatums appealed OS!M's decision to the Interior Board of Land Appeals <br />("IBLA"). Tatums alleged that the damage to their home constituted a <br />violation of the federal Surface Mining Coal and Reclamation Act and the <br />state Coal Act. While the appeal was pending, the Tatums obtained a <br />judgment from district court in which the court found that subsidence had <br />caused the damage to their house and that the subsidence had been caused by <br />Basin Resource's mining operations. The court awarded compensatory <br />i <br />z A TDN is a notice from OSM requesting the Division to issue a violation or state why the Division <br />believes there is no violation.;