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01/31/2007 15:38 7198460159 JIM TATUM PAGE 02 <br />ANN TATUM <br />129 NOItTII COMMI~12CIAIa STREET <br />TRINIDAD, COLORADO 81082 <br />Plione:'719 846-0149 Fax: 719 846-0159 <br />January 31, 2007 <br />Mr. Al Klein Facsimile (303) 844-1545 <br />Western Regional Director <br />Office of Surface Mining <br />P.O. Box 46667 <br />Denver, Colorado 80201-6667 <br />Mr. Jim Fulton <br />Chief <br />Office of Surface Mining <br />P.O. $ox 46667 <br />Denver, Colorado 80201-6667 <br />Mr. Dave Berry <br />Division of Reclamation, Mining & Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Facsimile (303} 844-1545 <br />Facsimile 303 832 8106 <br />THIS COMMUNICATION IS NOT PRIVILEGED <br />Ite: Tatum!$asin <br />Gentlemen, <br />i. <br />Mr. Betry advised me that OSM will be issuing a TDN this week to address the <br />failure of Basin Resources, Inc. to compensate us for damage due to coal mine <br />subsidence, a cleaz violation of Colorado Surface Coal Mining Reg. 4.20.3(2)(b)(ii). The <br />TDN is IlUt 1'el]UAl'ed, is totally unnecessary and perpetuates the continued delay and <br />refusal by Basin to compensate us for the coal thine subsidence damage to our residence. <br />The issuance of a TDN'by OSM in this case is not the appropriate action as <br />envisioned and required by the 1992 Energy Act and subsequent Federal <br />regulations. Rule 843.25(b) specifically waives the requirement to issue a TDN <br />found in 834.12 (a) (2). As found in 843.25 (b) (3) the authority for OSM to take <br />direct federal enforcement remains in effect if counter-part regulations are nui <br />regulated by the state regulatory authority. The state knows of this violation, has <br />failed to take appropriate action as of this date, and as such OSM is mandated to <br />take same. In addition, as OSM is fully aware, the IBLA has previously found that <br />iIt alt cases of potentinnal violation of performance standards the OSM may take <br />direct Federal enforcement without following the TDN procedure on Federal land <br />permits. The Basin Resources permit is a Federal land permit. I therefore can see <br />no reason or excuse for OSM not to take immediate enforcement action. <br />