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f w. IIIlIIIIIIIIIIIIIII 999 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 131 3 Sherman St., Roam 215 Denver, Colorado 80203 Phone: (303) 8663567 FAX: 1303) 832-8106 JanllazV ]8, 2001 Mr. James F. Fulton, Chief Denver Field Division Office of Surface Mining Reclamation and Enforcement 1999 Broadway, Suite 3320 Denver, CO 80202-5733 (- ' 1 L U DIVISION O F I S ~l1Yt M NERAL ~v` A_~,l~y„1 Il~ GEOLOGY RECLAMATION MINING•SAF ETY _ ~ _ ~ -\ )1[/( rrJ.re ~ Bill Owens ~/x~t•J\ .- ~nld~5 Governor Greg E. Walcner Executive Dveaor t.)[~~ ~ Michael B. long Division Director RE: Request for Clarification of OSM's October 20, 2000 Mine Site Evaluation Inspection Report, NOV 00-140-116-001, Termination Action at Basin Resources, Inc., D1tiPG Permit No. C-1981-103 Dear Iv1r. Fulton: Please accept this as the request of the. Colorado Division of Minerals and Geology (DMG) for clarification of the Office of Surface Mining (OSM) action identified above. That action terminated OSM's Notice of Violation (NOV) No. 00-140-116-001 based on findings that, with respect to the "subsidence damage which was alleged in the original 1993 citizen complaint" filed by Jim and Ann Tatum regarding damage to their residence neaz Weston, Colorado, (1) a "State court decision determined the diminution in value of the [Tatum's] property in accordance with applicable State law," (2) "Basin has provided WRCC with proof of the fully executed Satisfaction of Judgement required by this State court decision." At the time that OSM terminated NOV 00-140-116-001, the Tatums had filed and were pursuing a separate citizen complaint, concerning subsidence damage to their residence that occurred after the date of the State court judgment discussed in OSM's temvnation notice. Specifically, on October 16, 2000 Ann Tatum complained to OSM regarding additional subsidence damage to her property. On October 18, 2000 you transmitted Ten-Day Notice No. X00-140-116-002 to this agency regarding that additional damage. On November 1, 2000, following OSM's termination of NOV 00-140-116-001, DMG responded to Ten-Day Notice No. X00-140-116-002 with copies of our inspection report, various correspondence sent and received during our investigation of the October 16, 2000 citizen complaint and DMG's NOV No. CV-2000-009. DMG explained that we took that enforcement action against Basin Resources, Inc., because subsidence impacts originating at the Golden Eagle Mine are adversely impacting the Tatum residence, garage, water line, and pasture. DMG made clear that, based on Ann Tatum's statements, DMG determined that the cited damages occurred after the date of the State court judgment. On November 9, 2000 OSM formally notified DMG that OSM had determined that the DMG response to Ten-Day Notice No. X00-140-116-002 constituted "appropriate action" to cause the observed violations to be corrected.