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ANN TATUM <br />129 NORTH COMMERCIAL STREET <br />TRINIDAD, COLORADO 81082 <br />Phone: 719 846-014) Fax: 719 846-0159 <br />Januazp 26, 2007 <br />Mr. Al IClein <br />Western Regional Director <br />Office of Surface Mining <br />P.U.13ox 45667 <br />Denver, Colorado 80201-6667 <br />Mr. Jim Fulton <br />Chief <br />Office of Surface Mining <br />P.O. Box 46667 <br />Denver, Colorado 80201-6667 <br />Facsimile (303) 344-1545 <br />Facsimile (303) 844-1545 <br />'1'HIJ C(:-iVIMUNIC'ATION IS NOT PRIVILEGED <br />Rc: Tatum/Bnain <br />Gentlemen: <br />If any portion of this communication is incorrect, please address those issues in <br />writing upon receipt of this letter. <br />This letter is to recap the issues surrounding the Talum/Basin subsidence rnaucr. <br />Tatums won their initial lawsuit against Basin Resources, Inc. despite the failure <br />of OSM to fmd that the coal company had caused subsidence in Tatums home. The <br />IBLA decision/opinion is in the Golden LaGIe Permit file in the Denver office of OSM. <br />The IBLA opinion states the coal company (Basin) was responsible for Uie subsidence <br />damage ro our home and property. <br />Subsequent to the initial subsidence issues, the Tatums suffered new subsidence <br />damage. A NOV wru fileel with kie Slate of Colorado acid was later dismissed without <br />prejudice. Tatums filed a lawsuit against Basin Resources, Tnc. on Mazch 22, 2001. The <br />State of Colorado had knotvledge of this lawsuit. The suit was filed for the material <br />damage as defined in 2 Colorado Code Reg. 420.3(2) (1991) and thus established a <br />"violation by an operator of rule and regulation" pursuant to this article within the <br />tneaning of Colo. Rev. Stat, 34-33-135 (6) (2000). Further, pursuant to 34-33-135 (6) <br />(2000), we are entitled to recover damages, including zeasonable attorney and expert fees, <br />against Basin in the amount of the costs to repair, rehabilitate, or remove and replace the <br />Z0 39yd Wf)l;.l WIP 6SI09486It 0Z~9I L00Z/9Z/I0 <br />