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;07110/2007 <br />7198460159 <br />JIM TATIJM <br />ANN TATIJM <br />PAG <br />RECEIVED <br />JUL ,1.0 2007 <br />129 NORTH COMMERCLAL STREI~T DiviNon of RedamaUOn, <br />1'K.l1V1IlAU, CDLORAAD 81082 Mining ~ SB~Y <br />Phone: 719 846-0149 Fax: 714 846-0159 <br />July 9,2007 <br />Mr. A] Klein <br />Western Regional Director <br />Office of Surface Mining <br />P.O. Box 46667 <br />Denver, Colorado 80201-6667 <br />Mr. Jim Fulton <br />Chief <br />Office of Surface Mining <br />P.O, Bax 46667 <br />Denver, Colorado 80201-6667 <br />Facsimile (303) 844-1545 <br />Facsimile (303) 844-1545 <br />THIS COMMUNICATION IS NOT PRIVILEGEA <br />Ac: Tatum/Basin <br />Gentlemen: <br />Please be advised that the total pre judgment interest due on the $612,000.00 is <br />$89,807.94. This amount includes the compounded interest from March 22, 2001, to <br />March 22, ZOOZ, and March 22, 2002, through Dcccuxher I9, 2002, The total amount duc <br />to abate the NOV was not less than $711,807.94. <br />The State may take the position in responding to the requested TDN that since the <br />fiords were made "good" on June 20"' that issuance of a FTACO is not necessary. If that <br />should be their position IT DOES NOT ADkIERE TO THE LAW. Nor, does it provide <br />the AVS with the actual truth, that Basin Resources, Jnc. failed and refused to abide by <br />the rules and regulations as set forth in the Act. '1'l1e issuance ot` a NSF check clearly <br />shows indifference, lack of diligence and lack of reasonable care. <br />OSM has the ultimate responsibility to require the issuance of the FTACO, and <br />such requirement by OSM must be adhered to by the State of Colorado. <br />Please advise, <br />