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~ ~ <br />Davis Graham &Stubbs LLP <br />May 21, 2007 <br />VIA FACSIMILE AND <br />U.S. MAIL <br />Mr. David Berry <br />Division of Reclamation, Safety and Mining <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Cheryl Linden, Esq. <br />Assistant Attorney General <br />1525 Sherman St., 3rd Floor <br />Denver, Colorado 80203 <br />Tyson Powell, Esq. <br />Assistant Attorney General <br />1525 Sherman St., St° Floor <br />Denver, Colorado 80203 <br />Re: Process for Abating NOV 2007-001 <br />Dear Mr. Berry, Ms. Linden and Mr. Powell: <br />R~DE6V~D <br />MAY 2 2 2001 <br />Division of R-'~~a!na;ion, <br />Mining and Safety <br />Basin Resources, Inc. recently received a letter from Ann Tatum indicating her belief that <br />Basin would be required to pay some element of interest to abate NOV 2007-001. That view is <br />inconsistent with the decision of the Mined Land Reclamation Board on May 16, 2007. The <br />Board clearly decided that the only regulatory requirement was to pay the Tatums the <br />diminished value of their property to abate the NOV. <br />The Division in its opening brief expressly stated that "the proper forum to determine the <br />amounts of interest, attorney fees and expert fees Basin Resources may owe the Tatum is the Las <br />Animas district court." Further, the Division's reply brief disagreed with Mrs. Tatum's view <br />that the Boazd should require Basin to pay post judgment interest, attorney fees and expert fees. <br />While the Division accepted Mrs. Tatums position that Basin should pay pre judgment interest as <br />part of abatement, the Board expressly rejected the Division's request to include pre-judgment <br />interest in that calculation. Thus, abatement of the NOV requires payment of the court awarded <br />diminished value of the Tatum property, and no more. <br />Scot W. Anderson .303 897 7383 . scotand2rson@dgslaw.com <br />1550 Seventeenth Street Suite 500 Denver, Colorado 80202 303 892 9400 fax 303 893 1379 <br />#782309.1 www.dgslaw.com <br />05/21/07 4:43 PM <br />