Laserfiche WebLink
MAY-21-07 D4:50PM FR0~4-DAVIS GRAHAM T-693 <br />1 ' <br />Davis Graham & Stubbs LLP <br />May 21, 2007 <br />VIA FACSIMIL)~ AND <br />U.S. MAIL <br />Mr. David Berry <br />Division of Reclamation, Safety and Mining <br />1313 Shetman Street, Room 215 <br />Denver, Colorado 80203 <br />Cheryl Linden, Esq. <br />Assistant Attorney General <br />1525 Sherman St., 3'~ Ploor <br />Denver, Colorado 80203 <br />Tyson Powell, Esq. <br />Assistant Attorney General <br />1525 Sherman St., Sa' Floor <br />Denver, Colorado 80203 <br />Re: Process for Abating NOV 2007-00] <br />Dear Mr. Betty, Ms. Linden and Mr. Powell: <br />P.002/OD4 F-572 <br />RECE6ilEp <br />MAY 212007 <br />bivision of R ~clamation, <br />Mining and Safety <br />Basin Resources, Inc. recently received a letter from Ann Tatutn indicating her belief that <br />Basin would be required to pay some element of interest to abate NOV 2007-001. That view is <br />inconsistent with the decision of the Mined Land Reclamation Boazd on May 16, 2007. The <br />Board clearly decided that the only regulatory requirement was to pay the Tatums the <br />diminished value of their property to abate the NOV. <br />The Division in its opening brief expressly stated that "the proper forum to determine the <br />amounts of interest, attorney fees and expert fees Basin Resources may owe the Tatum is the Las <br />Animas district court." Further, the Division's reply brief disagreed with Mrs. Tatum's view <br />that the Board should require Basin to pay post judgment interest, attorney fees and expert fees. <br />While the Division accepted Mrs. Tatums position that Basin should pay pre-judgment interest as <br />part of abatement, the Boazd expressly rejected the Division's request to include pre judgment <br />interest in that calculation. 'Thus, abatement of the NOV requires payment of the court awarded <br />diminished value of the Tatum property, and no more. <br />Scot W.Mderson .303 892 7383. scotarderson@dgslawxmn <br />t 550 Seventecnin Street Su¢e 500 Denver, Colorado 80202 303 892 9400 fax 303 693 7379 <br />#782309.1 www.dgslaw.com <br />05/2110'14:41 PId <br />