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03/09/2007 <br />~' - ~ <br />Mr. Dave Berry <br />Division of Reclamation, Minim and Safety <br />March 9, 207 <br />Page 3 <br />JIM TATUM <br />PAGE <br />this case. The preamble, recognizes that even in those situations where repair work is <br />ongoing, but will not be completed 90 days from the date of occurrence, additional bond mull <br />be posted. The rationale stated is "OSM believes that if delays in repair aze likely, then <br />nornially bond amounts should be adju3ted tiA enaure that funds will be available later to pay <br />for the repans, since delays increase the risk that permittee funds may not be available." We <br />are at 10 yeazs plus and countingt <br />The fact of violation has bean established by two jurisdictions; Basin has refused to <br />repair our home for over 10 years thus rendering that option mute; the diminution of value of <br />our home has been established by decree of the Colorado Supreme Court. UaIess Basin <br />immediately complies with the remedial actions, as written, contained ui youc NOV then they <br />must promptly past the additional bond in the amounts contained within. your March 2nd <br />wrcespoizdeucc. By regulation, thcxc arc no justified reasons to continue to allow the Basin <br />Resource permit to be under bonded. Sepazate from the need to increase the bond, if Basin <br />fails within the 90 days to comply with your NOV then as you know, additional remedies are <br />available to compel compliance. <br />As noted above, I truly appreciate your diligence tin attempting to make us whole <br />regarding our loss. If you need any additional information regazding any of the above, please <br />See! free to contact me. Basin has subverted justice, evaded responsibility, and violated the <br />law for over twenty years. You have the power and authority froth the Colorado Supreme <br />Court, the IBLA, the Federal Government, and our own. State laws to compel immediate <br />enforcement. <br />Very truly yours, <br />C~- <br />04 <br />Auu,'l'atum <br />