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ANN TATOM <br />129 NURTH COMMERCIAI. STREET <br />TR1NiI)AD, CULUKAllU 81U82 <br />Phone: 719 546-0149 Fax: 719 846-0159 <br />May 23, 2007 <br />VIA FACSINIII.E ONLX: <br />Mr. Dave Berry <br />Division of Reclamation, Mining & Safety <br />1313 Sherman Street, Room 2t 5 <br />Denver, Colorado 80203 <br />Ms. Cheryl Linden <br />Office of the Attorney General <br />1525 Sherman Street, 5'~ Floor <br />Denver, Colorado 80203 <br />Facsimile: (303) 832 8146 <br />Rt <br />~Ay2v <br />2001 <br />Division of kecrarr,atron <br />Mining and Safety ' <br />Facsimile: (303} 566-5691 <br />RE: Basin- Juue 15, 2007 Noticc of Violation Abatcmcnt Period <br />Please advise when we should expect a written order from the MLRB. Jim and I <br />appreciate that the ]aw was upheld and enforced_ <br />With reference to the NOV, please advise the amount that the State will consider <br />for Basin to pay us to abate the NOV. Naturally, you are aware that we believe the <br />amount should consist of the $622,000.OD plus pro attJ Yost judgmcut interest at 8°i4 <br />compounded annually from March 22, 2002 to the date same is paid. The language in the <br />February 12, 20D7 NOV states: Portion of the Operation to Which This Nntire Applies; <br />"Mine-related damage to the Tatum residence as determined by the Las Animas District <br />Court Case, Number O1CV26, and as upheld by the Colorado Court of Appeals Gase No. <br />03CA075." The Colorado Court of Appeals does not address post judgment interest as <br />nut being a part of the diminution of value, The NOV states the amount "upheld by the <br />Colorado Court oY' Appeals". <br />We await your rasponsc. Thank you. <br />Very truly yours, j <br />Ann Tatum <br />Z0 3J17d Wflldl WIf 6SS09h86tL LE:tt L00Z/6Z/S0 <br /> <br />