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_~~ <br />III IIIIIIIIIIIII III <br />999 <br /> STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Departlnenl of Na[ural Resources <br />I } 13 Sherman 5[., ROOM 275 <br />Denver, Colorado 8020} DIVISION O F <br />Phone: (3031 ft66-7567 M [ N E RA L $ <br />FAX: 13031 832-8 7 06 & <br /> GEOLOGY <br /> RECLAMATION <br /> MI NING•SAf ETY <br />Mazch l2, 2001 <br /> 8ilf Owes <br /> Governor <br /> Greg E. Walther <br />Mr. Walton D. Morris, Jr. Executive DireUOr <br />Attorney for Jim and Ann Tatum Mlcnael g. Long <br />P.O. Box 6804 Oinsion Director <br />Charlottesville, Virginia 22906 <br />Mr. Scot W. Anderson <br />Attorney for Basin Resources, Inc. <br />David Graham & Stubbs, LLP <br />1550 Seventeenth St., Suite 500 <br />Denver, CO 80202 <br />Re: Notice of Violation CV-2000-009 -Basin Resources, Inc. - Permit No. C-81-013 <br />Deaz Messrs. Morris and Anderson: <br />Notice of Violation CV-2000-009 is hereby vacated without prejudice. This Notice of <br />Violation is vacated in accordance with the request of Mr. Walton D. Morris, Counsel for <br />Jim and Ann Tatum, conveyed by a letter dated Mazch 8, 2001. As specified in the letter <br />of Mazch 8, 2001, the citizen complaint previously submitted by Ann Tatum, regazding <br />current subsidence damage to the residence house at Solitario Ranch, has been withdrawn <br />by Ann Tatum without prejudice. The Tatums have chosen to pursue their claims against <br />Basin Resources, Inc. throughjudicial process, as authorized by applicable provisions of <br />the Colorado Surface Coal Mining Reclamation Act, 34-33-135, C.R.S. <br />Notice of Violation CV-2000-009 was issued on November 1, 2000 in response to the <br />citizen complaint filed by Ann Tatum, and was substantially based upon the statements <br />and evidence provided in the citizen complaint. The citizen complaint has now been <br />withdrawn, and the complaining citizen has requested that the Division of Minerals and <br />Geology vacate the Notice of Violation CV-2000-009. The Division of Minerals and <br />Geology will not pursue this violation against Basin Resources, Inc. without the evidence <br />and statements previously provided by Ann Tatum, regazding the damage to the private <br />Tatum residence and property. The Notice of Violation is vacated without prejudice due <br />to the withdrawal of the citizen's complaint and associated evidence used to substantiate <br />both the complaint and the Notice of Violation. <br />