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~~ ~~T~~J <br />November 27, 2006 <br />ATTORNEY AT LAW <br />Mr. Dave Berry <br />Division of Reclamation, Mining & Safety <br />1313 Sherman Sixeet, Room 215 <br />Denver, Colorado 80203 <br />RB: Basin Resources and Westmoreland Coal I i <br />Bands and Permits %) <br />Mr. Berry: <br />1. What is the status of Basin's attempts to transfer permits to other owners? <br />2. A judgment was issued in December, 2002 that subsidence damage in the amount <br />of $622,000.00 had occurred.' The Colorado Cour[ of Appeals and the Colorado <br />Supreme Court have atiirmed that decision. No pordun of tlae judgucnt has bccn <br />paid and we object to any transfer of the I3asin permits with this final judgment <br />for Subsidence damage unpaid or reclaimed. <br />The reclamation bands by Basin should also not be refunded since reclamation of <br />subsidence has not been made or the Court ordered daimages paid. VJe object to the <br />refund or cancellation of bonds to Basin - Wesunorelat~e~ while neither reclamation nor <br />payment of the judgment has occurred. I ~ <br />Please advise. <br />IT/gv <br />cc: toe Hattzbright <br />'129 North Commercial Street <br />Tt 39tld W1l1tll WIC <br />Vary truly yours,. <br />LAW QFFICE OF .1TM TATUM <br />-~ <br />Tatum <br />1~. <br />~! <br />• Trinidad, Colorado 8'1082 <br />65T09G86TL 5T~ET L00Z/6Z/T0 <br />