Laserfiche WebLink
03/16/2007 16:10 7198460159 <br />JIM TATUM <br />ANN TATIJM <br />129 NORTFI COMMERCLA.I, STREET.` <br />TRINIDAD, COLORADO 81082 <br />/?/tone: 719 846-0149 Fax. 71:9 846 01.59 <br />March 16, 2007 <br />William A. Bianco ) <br />Scot Anderson <br />Attorneys at Law <br />Davis Graham & Stubbs LLI~ <br />1550 5evcntccnth Street, Suite 500 <br />Denver, Colorado 80202 <br />RE: Basin <br />Gentiernen: <br />FACSIMILE: (303} 893-13'79 <br />PAGE 02 <br />®„~ <br />. °~ mrVED <br />MAR 192007, . <br />Division Of Redamafion, <br />Mining and Safety, <br />.. >,:.. <br />a,~ - <br />Enclosed herein please find a copy of your request on behalf of Rasin Resources, <br />Inc. to review an NOV issued by OSM in September 2000. <br />I refer you to pagi; Six and I quote Mr. Anderson "The applicable rules, <br />therefore are quite clear; where a mine permittee has caused subsidence damage to <br />a residential dwelling, than permittee is in compliance with the rules if it has paid <br />compensation to the owner of the affected dwelling equal to the diminution In the <br />value of that Awelling." Further, Mr. Anderson states "When Basin tendered and tho <br />Tatums accepted the payment o£tbis judgment, Basic came squarely within the test <br />o£ compliance out set out at State l3nle §4.20 3(2)(h)(i7. <br />The admission by Scot Anderson in front of the Depamnent of the Interior, Office <br />of hearings and Appeals; Hearing Division that compliance by his client, Basin <br />Resources, Inc. is accomplished with payment for the diminution to the Tatums. Either <br />Mr. Anderson misrepresented Basin Resources, lne. in his October l8, 2000 request fur <br />review to the I$LA or Mr. Anderson is misrepresenting Basva's position now. I believe <br />that this could be an admission against Basin Resources, lnc.'s interest and current <br />position. <br />Obviously your prior statement and position will weigh heavily in any hearing <br />requested by $asin Resources, Inc. with regard to the current NOV and7or the bond <br />increase. <br />