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<br />RECFn/ED <br />July 9, 2407 JUL ~ 51007 <br />Page ? Division of Redam~ <br />Mining ~y ~~ <br />There is no provision/law in either the State or Federal rules that ALLOWS or <br />provides for an cxtcnsion of tune to abate an NOV over and-above the absolute 90 days <br />limit that is applicable in this particular matter. The Mined Land Reclamation Board <br />v;~lated hnth State and Federal law in allowing Basin Resources, Inc. an additional 30 <br />days from May 16, 2007 to either pay the additional Bond or abate the NOV. Basin <br />Resources, Inc. was ORAERED to either increase their existing .Bond OR ABATE the <br />NOV on or before June 15, 2007. <br />OSM must, ae;wrduig lu 30 CFR pelt 843 issue a TDN requiring the State of <br />Colorado to issue FTACO against Basin Resources, Inc. effective on May 16, 2007 <br />expiring on May 20, 2007, (date our bank issues credit on the wire transfer' of the. <br />$622,000.OD). As defined in yS893.5 "Ilrtwarranted failure to comply means the failure of <br />a permittee to prevent the occurrence of arty violation of his or her permit or any <br />retluirement of the Act due to ind~erence, lack of diligence, or lack of reasonable care, <br />or the failure to abate arty violation of such permit of the Act due to indifJ`erence, lack of <br />diligence ur lack ofreasonabde care. " <br />30 Cp'R § 843.11 states that a cessation order shall be issued IMMBAIATELY For <br />violation of the ACT when the permittee fails tc abide by all the Conditions and/or <br />requirements of the permit. Basin Resnurres, Tnc. cannot present any argument <br />wherein the FTACO should be overturned or not upheld by the State of Colorado <br />Mined Land Reclamation Board. <br />The Applicant Violator System should be notified immediately of the FTACO. <br />I await a copy of the TDN as well as your letter advising the Mined Land <br />Reclamation Board of the violations addressed herein. <br />Very truly yours, <br />~ ."_' <br />~... <br />Ann Tatum <br />Enclosures <br />Cc: Mr. Dave Beny <br />Facsimile 303 832 8106 <br />£0 3ntJd Wfllgl WIf 65T09D86TL 8V:ZT L00LJ60/L0 <br />