Laserfiche WebLink
04/26!2007 15:35 7198460159 JIM TATUM <br />5. Ya conclusion, the settlement of Case No. O1CV38 specifcally <br />exempts Case No. O1CV26 and related claims and issues, thus it cannot act <br />as a waiver of any future claim or enforcement dealing with Case No. <br />O1CV26. MLRD has heen..provided information that clearly denlonslrates <br />that two separate and distinct performance violations of the Colorado Coal <br />Mining regulations have occurred and, as such, they have taken the action <br />required by Colorado Statute and Regulation to abate same. <br />Basin/Westmoreland through its own belligerence atld recalcitrance has <br />forfeited its right to attempt to repair the subsidence damage it caused over 5 <br />years ago. At this late date, compensation in the full amount of diminution <br />of value is the only viable means of abatement. By law Basin/Westmoreland <br />has established a new °`zeclatualion obligation" for which additional bond <br />i must be posted. Ir1 addition, by law this must be done immediately in that <br />Basin/Wcstmoreland is far beyond any aliowabie "grace periods". <br />For rho foregoing reasons, Tatums respectfully request that the Board uphold <br />the NOV and the required abatement measures contained therein and <br />ilntncdialely require the posting of the additional bond as found in the March <br />21, 2007 MLRD Proposed Decision to Itlerease Bond and Tatums Brief in <br />Support of the Proposed Jtxerease Irlcluding Pre and Post Judgment Interest <br />aJC.~-.~---~. <br />Jim Tatum, A.R. #17204 <br />Ann Tatum, Pro Se <br />1.29 North Commercial St. <br />Trinidad, Colorado 81082 <br />(719)846-0149 <br />Facsimile (719) 846-0159 <br />6 <br />