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David Berry <br />March 2, 2007 <br />Page 2 <br />vacated the original NOV, and deferred to the jurisdiction of the court system. See Order of the <br />Mined Land Reclamation Board (June 11, 2001). A11 issues related to the original NOV later <br />were resolved in a settlement among the Tatums, Basin, the Board and the Division. <br />In summary, Basin Resources wishes to effect prompt abatement of NOV No. CV-2007- <br />001 by repairing the Tatum residence. Basin Resources has the absolute right under the <br />regulations to adopt this approach to abatement. Given the oft-times contentious nature of these <br />proceedings, Basin Resources requests that the Division assist Basin Resources in designing and <br />implementing a repair plan. Basin Resources hereby reserves all legal rights and defenses, <br />including without limitation the right to demonstrate that all regulatory issues related to <br />subsidence affecting the Tatum residence were resolved by the settlement of the original NOV. <br />Sincerely, ~ <br />~~~~~~~~ <br />Scot W. Anderson <br />for <br />DAMS GRAHAM & STUBBS LLP <br />cc: Mr. James Tatum <br />W. Bianco <br />