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July 19, 2007 <br />Page 3 <br />leaves the uitizeus of Colorado unpxatected and opens up the Division to potential <br />liability for failing to immediately address this situation. <br />If Basin/Westmoreland refuses to proceed with the permit transfer the Division <br />can, and must, initiate the enforcement actions required by law. Ultimately, band <br />forfeiture may have to be considered. <br />I have not, as of this date, $1ed any complaint with OSIvI cvncerniny this tnattcr. <br />Absent a timely reply as to the State's position with regard to this issue, I will seek the <br />aid of the Office of Surface Mining. I believe, due to the urgency of this issue, the State <br />should respond to me no later than Friday, June 20, 2007. <br />The provisions of SMCRA the "Act" 507, 509, and 511, address these very <br />issues. <br />F"I'ACO: <br />With reference to my letters of July 12th and 16th, the States failure to file the <br />REQUIRED FTACq results in Basin/Westmoxelancl escaping the law and fhe punitive <br />effects of the mandatory civil penalties. Again, I am only asking the State to follow the <br />law. The State will then have a full and accurate Sle concerning this matter. To forgo <br />this REQUIRED and lawful step is unjust and against the best interest of the citizens of <br />this State. <br />Please advise, <br />Ver}r truly yours. `''~'~"~ <br />Ann Tatum <br />AT/s <br />Enclosures <br />b0 39tld Wflltll WIP 65S09b86IL rT~It L00Z/6L/L0 <br />