ENFORCE30503

• Permit No: C1981013
• IBM Index Class Name: Enforcement
• Doc Date: 3/5/2007
• Doc Name: 732 Letter Related to 30 CFR 817.121 ‎(c)‎ ‎(5)‎ Faxed
• From: Ann Tatum
• To: DRMS
• Violation No.: CV2007001
• Media Type: D
• Archive: No

03/05/2007
JIM TATUM
ANN TATUm
129 NORTH COMiVIRIiCIAI., STRERT
TI~1lV1[)AD, CQlrt)RAAO 81082
Phone: [phone] Fax: [phone]
March 5, 2007
ViA FA .C ONLY: Facsimile: [phone]
Mr. Dave Betxy
Division of Reclarttation, Mining & Safety
1313 Sherman Street, Roam 215
Denver, Colorado 80203
RE: Tatum v Basin/Westmoreland
732 Latter related to 30 CPR 817.121 (c) (5)
Mr. Berry;
PAGE 02
l am in receipt of your March "l, "LOU'1 letter to Basin Resources, Tnc notifying them of the
above requirement to increase the Golden Eagle bond perrnit. You are to be commended for the
active taken on behalf of the Division of Reelatt:ation, Mining and Safety in making Basin
Resources, Tnc, comply with both the State and Federal coal mining regulations.
I am aware that you inherited many issues from Susan McCatuton, the previous Coal
Progxam Supervisoz for the Division. The current issue concerning 30 CFR 817.121 (c) (5) was
initially dealt with by Ms. McCannon in hez August 5, 199fi letter to James F. N'ulfpn, Chief of
the Denver Field Division of OSM. Neither Ms. McCannon nor Mr. Fulton followed through
with the requirements mandated by Congress in 1995. Under Ms. McCvuion's wi4tch, DI2MS
insisted that methane gas would not kill our vegetation (wrong). DRMS insisted that subsidence
didn't damage aw property (wrong). You were the progxam director' who required re-casing of
the airshafr - an issue ignored prior to your review. Oux water strata had in fact been damaged,
and was coniixzned by a Federal mine inspector.
The March 2, 2007 letter duetted to you by Mr. Scot W. Anderson, Davis Graham and
Stubbs, LLT'., attorneys for Basin Resources, Tnc., does not adequately remedy NOV No. CV-
2007-001. The actual wording of the Nature of the Violation in CV-2007-001: "Failure to
compensate the owner of the damaged occupied residential dwelling and related structure or
noncommercial building in the full amount o£ the diminution in value resulting from
subsidence." Basin's contention that nearly six years after the filing of nur complaint they
should be allowed to repair our property is absurd. I am enclosing a copy of our original
complaint fox your reference. While we understand that the issue presently before the Colorado
Division of Reclamation, Mining & Safety has been interpreted as a new andlor unusual
approach for reinforcement by both the State of Colorado and the Office of Surfae~e Mining as
enforcement has been mandated by a court action, and upheld in the Colorado aupreme Coutt.