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ANN TATUM <br />129 NORTH COMMERCIAL STREET <br />TRINIDAD, COLORADO 81082 <br />Phone: 719846-0149 Fax: 719 846-0159 <br />March 1, 2007 <br />Mr. Al Klein <br />Western Regional Director <br />Office of Surface Mining <br />P.O. Box 46667 <br />Denver, Colorado 80201-6657 <br />Mr. Jim Fulton <br />Chief <br />Office of Surface Mining <br />F.O. Box 4b667 <br />Denver, Colorado 80201-6667 <br />RE: 732 Determination letter <br />Facsimile (303) 844-1545 <br />Facsimile (303) 844-1545 <br />Gentlemen: <br />i have tried to be civil in my discourse with you regarding the issue of Basin <br />Resources' failure to comply with both Colorado and Federal regulations relating to the <br />mine subsidence damage that has been inflicted upon our home. 1-Iowever, Mr. Fulton's <br />February 27th letter and his stated position, noted below, regarding the requirement for <br />Basin to post additional performance bond subsequent to such subsidence damage leaves <br />me both amazed, frustrated and, quite frankly, angry. <br />As you know, I have been through a grueling and debilitating decade long ordeal <br />to successfully establish, through a Colorado Supreme Court decision, that our home, in <br />fact, sustained substantial subsidence damage in the amount of $622,000 plus interest. <br />Basin Resources, as of this date, has refused to comply with that Court decision. <br />Regardless, and separate and distinct from their recalcitrance in that case, as the holder of <br />an active Federal lands permit issued by the state of Colorado, Basin and/or its' owners <br />and controllers must continue to comply with all applicable mining and reclamation <br />statutes and regulations. The civil case has now established, the fact of subsidence <br />damage and the amount of lost value. With that decision now final it is the responsibility <br />of OSM and DRMS to enforce those applicable mining regulations that are in place to <br />specifically remedy that damage and lost value in the timely fashion required by those <br />regulations. <br />era ze:sz cooziiaico <br />zoos <br />