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fi <br />ANN TATUM <br />129 NORTH COMMERCIAL STREET <br />T12INIriAD, CQLORA,DO 81082 <br />Phone: 71.9 846-0149 Fax: 719 846-0159 <br />March 2, 2007 <br />Mr. Al Klein Facsimile (303) 844-1545 <br />Western Regional Director <br />Office of Surface Mining <br />P.O. $ox 46667 <br />Denvet, Colorado 80201-6667 <br />Mr. Jim Fulton Facsirrule (303) 844-1545 <br />Chief <br />Office of Surface Mining <br />P.O. Box 46667 <br />Denver, Colorado 80201-6667 <br />RE: 732 Determination letter <br />In addition to my letter of March 1, 2007, let me add the following. <br />As you are both fully aware, OSM failed to finalize the "732" process in 1996, <br />even though this is a Federal Lands permit and the need to revise the regulations was a <br />direct result of an act of Congress, took no action over the past 10 years to correct that <br />oversight. <br />On Febn.~ary 27'~ when Mr. Fulton informed me that it was his position that the <br />requirement of 30 CFR 817.121 (c) (5) is a "permitting" issue and not a performance <br />standard, he referred me to a document authored by a Ms. Watson regarding OSM policy <br />involving oversight of state permitting decisions. What is most unsettling is Mr. Fulton's <br />continual effort to transform this issue from one of compliance with a performance <br />standard by Basin to that of an inappropriate state permitting action when no such action <br />has taken place. <br />I expect you to immediately take the action necessary to ensure the timely <br />compliance with the performance standard found at 30 CRR 8]7.121 (c)(5). To do <br />otherwise, given the sordid history of OSM's performance in these matters, would appear <br />to a reasonable person to be a case of nonfeasance, at best, or collusion at worst. The <br />decisions you make and the actions you take in the next few days will go a long way in <br />deciding the issue. <br />%d3 6i~0i LOOZ/ZO/CO <br />Z OO la1 <br />