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May 30, ?007 <br />Page 2 <br />lib;: 'Tatum v Basin <br />Further, we are extremelq concerned that the present bond far the Golden Eagle <br />mine does not adequately cover the necessary reclamation liability and we are requesting <br />that the State review the current bond. As 1 testified in front of the Board, our house <br />continues to show subsidence damage. The State is required to make certain that <br />adequate funds are available per j `bonds" for all reclamation liabilities. <br />Should Basin fail to abat~ the NOV on or bcforc Juno 15, 2007, an additional <br />bond must be posted in the amotlnt of $622,000.00. This is not the amount of the total <br />bond: this amount is in addition to the existing bond. What you fail to address is the <br />recourse the State has concerning the failure to abate. Certainly, the State will avail itself <br />of all legal remedies associated with their responsibility to enforce the.law regarding the <br />failure to abate. Personally, I am appalled that Basin/Westmoreland is playing so fast and <br />loose with State and Federal laws. <br />Basin has the right to appeal the decision of the Board only after payment of the <br />NOV or payment of the additional Bond. Basin "sddreeeing the Board" absent of this is <br />not procedure and should not be allowed. As I understand the rules, the appeal would be <br />before the District Court. <br />With reference to my letter of May 24s', please provide the updated AVS <br />information provided to the State on behalf of Basin Resources, Inc. <br />I <br />Very truly yours, <br />Cc~c~~ <br />Arm Tatum <br />AT/S <br />Cc: Cheryl Linden <br />Tyson Powell <br />David Beny <br />Facsimile (303) 866-5691 <br />Facsimile (307) 866-5395 <br />Facsimile (303) 832 8106 <br />£0 39Gd Wf11Cl WIf 65S09b86tL Eb~Et L00Z/0E/50 <br />