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January 26, 2007 <br />Page 4 <br />Tatum <br />mine company's failure to compensate the land/property owners damaged by coal ruiue <br />subsidence. State programs must be as etl'ective as the Federal regulations require, <br />thus an adjuslmcut of the bond presently in effect MUST be increased as required <br />by the Fedcrul regulations. 30 CFR 817.1210 (~) states that a bond must be posted <br />within 90 days of the date the damage occurred. 30 CFR 817.1210 (5) allows for the <br />extension of this requirement to one year. The bond must be increased immediately to <br />cover our loss. The amount of judgment awarded to the Tatums, 632,000.00 plus pre acrd <br />post judgment interest as of January 22nd equals approximately $96L,"l-/9.V0. No <br />extension should be allowed. <br />The 732 letter was sent by OSNI to the State of Colorado on June 5, 1996, 1 j <br />months after the March 1995 date. I am being told "as of this date no inclusion of this <br />provision was introduced into the Colorado Rules and Regulations, however it remains <br />effective under section 720 (a) of SMCRA. The State of Colorado was to furnish <br />additional information to OSM in August 1998 concerning the implementation of 30 CFR <br />817.1210 (5) -was this done? <br />I have requested that the State of Colorado issue a NOV. The Division of <br />Keclamation, Mining & Safety mull, in order to comply with the State Regulations, <br />issue a NOV for failure to compensate the landowners. Absent immediate action by <br />Basin/Westmorcland to cure the NOV, the issuance of ~ Failure to Abate must be <br />issued, a cessation order, and a levy against each corporate entity, must occur. <br />Further, pursuant to Code of Federal Regulations Title 30 Mineral <br />Resources Chapter 'VII section 817.121 b paragraph (5): Adjustment of bond <br />amount for subsidence damage, the bond must be increased In the amount uf..o less <br />than $962,279.00 effective immediately or the current computation at the tiune the <br />bond is increased as reilectcd h~ the Judgment dated December 19, 2002 in the <br />amount of $622,000.00 plus pre and post judgment interest at the rate of 8% from <br />the date of filing, March 22, 2001 ryntil the date the bond is posted. <br />Please advise how this is to be accomplished in the most expeditious matter <br />by OSM or the State of Colorado. <br />Vezy truly yours, <br />Ann Tatum <br />AT/s <br />Enclosures <br />50 39tfd W(11~1 WIP 65T09b86tL 0Z~9t L00Z/9Z/t0 <br />