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IN REPLY REFER To. <br />United States Department of the <br />OFFICE OF HEARINGS AND APPEALS <br />Interior Board of Land Appeals <br />4015 Wilson Boulevard <br />Arlington, Virginia 22203 <br />JUL 2 6 2000 <br />Interi p?p ? , <br />t?U JUL 2 S 2060 <br />OFFICS: CF This , r31 AL SWUM <br />n ? rF;?v?-?. coLORaoo <br />uE ,T-1 F I ED <br />IBIA 96-90R No. CC-93-020-008 <br />96-91R <br />151 IBIA 286 <br />JIM & ANN TAM Surface mining citizen's <br />(CN RECCMILE WICK) Complaint <br />Petition for Reconsideration <br />Denied <br />CREER <br />On January 5,2000, this Board issued a decision styled Jim & Ann <br />Tatum, 151 IBLA 286, in which we addressed separate appeals ( Tk 96-90 and <br />96-91) filed by the Tatutns from two decisions of the Regional Director, <br />Western Regional Coordinating center, office of Surface Mining Reclamation <br />and Ehforcement (C EM) , dated August 24, 1995, and September 18, 1995, <br />affirming determinations of the Denver and Albuquerque OEM Field Offices <br />that the responses of the State of Colorado, Department of Natural <br />Resources, Division of Mining and Geology (III), were appropriate action in <br />response to Ten-Day;Notice (TEN) No. 93-020-370-005 issued by CEM. (GSM <br />issued the TEN to DISC; following receipt of a citizen's complaint <br />(No. C)C-93-020-008)' fron the Tatum3 alleging that an underground mining <br />operation conducted by Basin Resources, Inc. (BRI) (formerly, WyQning Fuel <br />Company), had caused subsidence damage to their hone near Weston, Colorado, <br />and damaged a livestock water well on their property. <br />CEM seeks reconsideration only of that part of our decision relating <br />to IBIA 96-91, which addresses that portion of TEN No. 93-020-370-005 <br />concerning alleged subsidence-related violations by BRI. In that part of <br />our decision, we vacated the Regional Director's decision and the <br />underlying decision of the Albuquerque Field Office and remanded the case <br />to 06M for appropriate action. C6M also seeks a stay of our decision <br />pending a decision on its petition. <br />In a formal citizen complaint dated November 30, 1993, the Tatums made <br />various allegations, including "Rule [2 Colo. Code Regs.] 4.20 'Subsidence <br />Control' providing for protection of the surface owners property and water <br />well appears to have,been deliberately ignored. No monitoring of the <br />EXHIBIT B