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ENFORCE33386
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ENFORCE33386
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Entry Properties
Last modified
8/24/2016 7:43:53 PM
Creation date
11/21/2007 1:44:44 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981013
IBM Index Class Name
Enforcement
Doc Date
7/5/2007
Doc Name
Letter to OSM on Abatement of NOV
From
Jim Tatum
To
DRMS
Violation No.
CV2007001
Media Type
D
Archive
No
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~~ <br />~F <br />ANN TATiJM G~ Os,~~~ <br />129 NORTH COMMERCIAL STREET ~i~• ofR 1QQ~ <br />TRINIDAD, COLORADO 810$2 ~eiy°~ <br />Pkone: 719 846-0149 Faz: 719 846-0159 `~, <br />]uly 9, 2007 <br />Mr. Al Klein <br />Western Regional Director <br />Office of Surface Mining <br />P.O. Box 46667 <br />Denver, Colorado 80201-6667 <br />Facsimile {303) 844-1545 <br />Mr. Jim Fulton <br />Chief <br />Office of Surface Mining <br />P.O. Box 46667 <br />Denver, Colorado 80201-6667 <br />Facsimile (303) 844-1545 <br />THIS COMMUNICATION IS NOT PRIVILEGED <br />Re: Tatutn/Basin <br />Gentlemen: <br />OSM issued a TDN on February 6, 2007 far Basin Resources, Inc. citing 4.20.3 a <br />and b, failure to promptly repair, rehabilitate, restore our property in the full amount of <br />the diminution in value resultinb frum subsidence. <br />On May 16, 2007 a hearing was bald before the Mined Land Reclamation Boazd. <br />Prior to the hearing, the State of Colorado filed a Brief in the Matter of the Notice of <br />Violation, issued by the State of Colorado, and the Proposed Drder to Increase the Bond. <br />I am enclosing for your review the Brief. Refer to page 22 of the attached Brief. Pre <br />Judgment Interest was awarded as part of the actual judgment. Pre judgment interest <br />tiom March '22, 2UU1 through December 1N, 1U02 at 8%, compounded annually is in <br />excess of $86,632.00 and BY LAW should have been included in the Order issued by the <br />Miuc Laatd Reclamation Board. The amount then required for tht IIond or to abate tht <br />NOV should have been at least $622,000.00 plus not less than $86,632.00 for the pre <br />judgment interest or not less than $708,632.00. Failure to include the pre judgment <br />interest does not comply with OSM's directive as reflected in tke February 2, 2007 <br />TDN. <br />I am enclosing a Copy of the NSF check issued by Basin Resources, Inc. on June <br />12, 2007. <br />Z0 39tld Wf11tll WIP 65I09b86TG Bb~ZL L00Z/60/L0 <br />
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