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r <br /> <br />United States Department of the Interior <br />IN REPLY RFPER T6. <br />Ms. Ann Tatum <br />129 North Commercial Street <br />Trinidad, Colorado 81082 <br />Deaz Ms. Tatum: <br />RECEIVED <br />FE.B 0 7 2001 <br />pivisirn of Reclamation, <br />Mining and Safety <br />l ~~ A <br />.'.1/yl <br />~~. <br />This is to advise you that the Office of Surface Mining (OSM) received your written <br />statements dated January 19, 26, and 31, 2007. In addition, you have discussed your <br />concerns with me by telephone on several occasions between January 19 and February 1. <br />Your statement dated January 19 raised three concerns: <br />1.) You objected to the release of bonds related to the Golden Eagle <br />MineBasin/Westmoreland Coal Company, <br />2.) You requested a performance bond equal to or greater than your judgment of <br />$622,000, and <br />3.) You cited a failure to issue an NOV by the Colorado Division of Reclamation, <br />Mining and Safety (DBMS). <br />Your statement dated January 26, 2007, recapped the issues surrounding the subsidence <br />matter: You also noted that DMRS has not adopted a regulation consistent with 30 CFR <br />817.121(c)(5) requiring the performance bond to be adjusted to reflect subsidence <br />damage. You also state that DBMS must issue a NOV in order to comply with State <br />regulations. <br />In our conversations by telephone, we discussed how OSM might respond to your <br />concerns. In your letter dated January 31, 2007, you state that aten-day notice is not <br />appropriate and that direct Federal enforcement is required. <br />The violation you allege is Colorado regulation 4.20.3(2)(b)(i) and (ii) requiring the <br />prompt repair or compensation of structures damaged by subsidence caused by <br />underground mining. We will be issuing a ten-day notice to DMRS regarding the <br />violation you allege. It is OSM policy, under Directive INE-35-3, to issue ten-day <br />notices in States with cooperative agreements to regulate Federal lands. We will provide <br />you a copy of the ten-day notice for your information. Upon final examination of the <br />DMRS's response to the ten-day notice, you will be informed of the results. <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />P.O. Box 46667 <br />Denver. Colorado 80201-6667 <br />February 5, 2007 <br />1NAMERICA~ <br />