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RECE11,rEp <br />July 9, 2007 JUC 0 5 ?p07 <br />Page 2 ~~~+onorF2ec/amation <br />Mining ar~d ~~, <br />There is no provision law in either the State or Federal rules that ALLOWS or <br />provides for an cxtcnsion of timo 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 />violated hnth State and Federal law in allowing Basin Resources, Inc. an additional 30 <br />days from May I6, 2007 to either pay the additional Bond or abate the NOV. Basin <br />Resotu~ces, Inc. was ORDERED to either increase their existing Bond OR ABATE the <br />NOV on or before June 15, 2007. <br />OSM must, accorduig to 30 CFR part 843 issue a TDN requiring the State of <br />Colorado to issue FTACO against Basin Resources, Tnc. effective on May 16, 2007 <br />expiring on May 20, 2007, (date our bank issues cmdit on the wire transfer of the <br />$622,000.00). As defined in §843.5 "Clmvarranted failure to comply meaxs the failure of <br />a permittee to prevent the occurrence of arty violation of his or her permit or any <br />requirement of the Act due to irulifference, lack of diligence, or Lack of reasonable care, <br />or the failtire to abate arty violation of such permit of the Act due to indifference, lack of <br />diligence ur lack of reasonable care. " <br />30 CFR § 843.11 status that a cessation order shall be issued IMMEAIATELY for <br />violation of the ACT when the permittee fails to abide by all the conditions andlor <br />requirements of the permit. Resin 12ecn»rrea, Tnc. cannot present any argument <br />wherein the FTACO should be overturned or not upheld by the State of Colorado <br />Mined Land 1eclamation Soard. <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 />Ann Tatum <br />Enclosures <br />Cc: Mr. Dave Berry Facsimile 303 83Z 8106 <br />E0 39tld Wflltll WIC 65L09b86LL Sb~ZL L00Z(60/L0 <br />