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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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entered on December 1, 1997, Tatums. prevailed on their <br />- subsidence claim' and were given a judgment in the amount of <br />4.4 <br />$48,000.00 <br />T _ -- This, case was c0lxunenced UT <br />ebruary 7001 add <br />WM- <br />is for 'damages resulting from additional sub <br />4. Defendant owned and uper4ted au uudergruuncl coal ICllne?- <br />y <br />operation during the years 1981 to 1993 under the name a 4;"-- <br />4 <br />of Wyoming Fuel Company. The mine w - <br />Y• orkings ark <br />located approximately 25 miles west of Trinidad, Colorado. .' <br />Wyoming Fuel Company changed its name in 1991 to Basra <br />Resources, Inc. Defendant, at all times relevant to these <br />proceedings, operated the coal mining a 'vity near and under <br />the Tatums property. One under ' <br />ground none working. area - <br />was Iodated approximately 1600-1700 feet northeast.:of the <br />Tatum dwelling. Another was located a ' <br />. PProximately 300_feet:--..--__::_. <br />southwest of the Tatum dwelling. <br />5. Defendant satisfied the $48,000.00 to Plaintiffs <br />from th', first,.':,. <br />lawsuit <br />by payment. Defendant has denied any liability-fora - <br />_. _ second incidence of subsidence and has therefore not <br />compensated Plaintiffs for any portion of the claimed additional..' <br />or separate subsidence damage. <br />6. By a preponderance of evidence at trial, Plaintiffs have <br />established that a second or subsequent incident of coal mine <br />subsidence has occurred since Deeemb r 4ced, 1997, that has - - <br />materially damaged their, dwelling and its;value. ' The <br />second or subsequent incident of coal mining subsidence and <br />resulting damages occurred between 2-3 years after . the initial <br />subsidence incident and continues to this day. New damage <br />nccurred to the dwelling since December 1, 1997; ,as well as the <br />reappearance of damage to areas of the home damaged in the <br />first incident and repaired by the Tatums. The damage to the <br />Tatum dwelling is of a kind caused by coal mine subsidence. <br />There is! a likelihood that subsidence damage will continue in <br />the future. <br />7• Subsidence damage to the Tatum dwelling was evident in <br />various locations both on 'the exterior and interior of the Tatum <br />w <br />dwelling. Damage was also evident in and around the patio, <br />courtyard walls, and garage. Severe str'ctural damage was <br />especially evident and included depressions of the floor in the <br />rock room, separation of walls, and twioting movement of <br />80 39Vd WiWi wTr <br />ccTnotiocT, <br />
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