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ANri TATUM <br />129 NORTH COIKMERCIAL STREET <br />TRINIDAD, CO1.oRAAO 81082 <br />Phone: 719 846-0149 Fsa: 719846-OiS9 <br />Apri126, 2007 <br />Mr. Dave Berry <br />17ivision of Reclamation, Mining & Safety <br />1313 Sherman Street, Room 21 S <br />Denver, Colorado 80203 <br />RE: Taium,Basin Westmoreland <br />Mr. Reny: <br />RE~EeV~D <br />APR ~ 61007 <br />Division of l<eclamation, <br />Mining and Safety <br />1 am in receipt of the Apri125th letters from Scot Anderson to DBMS. <br />The requests proposed by Basin/Westmoreland must be denied. <br />Basin/Westaroreland istrying to make an end-run around the regulations and law. <br />First they have made no formal request for temporary relief. If they attempt to bring such <br />a request verbally on May I6s' -the request must be denied. If DRMS decides to permit <br />such a request on May 16a' Basin/Westmoreland should be required to present its case <br />FIRST. A request for temporary relief must be made by. Basin and to obtain such relief <br />Basin, among other things, must show that there is a substantial likelihood that they will <br />prevail on the merits of the final proceeding. Given the circumstances of this case, the <br />granting of temporary relief to Basin. would be, at bast, an injustice of the highest degree. <br />This judgment of subsidence has been sll'irmed the Colorado Supreme Court. <br />Second, an appeal DOES NOT and CANNOT itself constitute a stay to any <br />requirement found within the DRMS written decision. THE BOND MUST BE POSTED <br />BEFORE BASIN/WESTMORELAND SEE[CS ANX RELIEF. <br />Crranting Basin/Westmoreland any additional time to post the bond is in violation <br />of 30 CFR 817.121 (c} (5) which states that the bond must be posted within 90 days of <br />the occutt'ence. They are out of time!! Crranting such a request is contrary to DRMS's <br />response to the OSM 732 letter regarding this issue and in all likelihood, would require <br />OSM to retract its recent program approval and institute direct Federal intervention <br />regardi~ug this matter. <br />Basin/Westmoreland is OUT OF TIME to request an assessment conference. <br />This request is not timely; no informal meetings, no side-bar decisions can occur. <br />T00 f~j <br />Facsimile (303) 832 8106 <br />%V3 ZO~ZT LOOZ/9Z/60 <br />