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JIM TATUM <br />ATTORNEY AT LAW <br />Telephone (718) 846-0149 Facsimile (719) 846.0159 <br />November 27, 2006 <br />..-.,.,-~a~w~.~ <br />Mr. Dave Berry ~.:.- ~ . <br />Division of Reclamation, Mining & Safety Npy ~ 8 2006 <br />1313 Sherman Street, Room 215 , <br />Denver, Colorado 80203 Division ~! ~' ciama.ion. <br />Minmy acid Safety <br />RE: Basin Resources and Westmoreland Coal <br />Bonds and Permits <br />Mr. Berry: <br />What is the status of Basin's attempts to transfer permits to other owners? <br />A judgment was issued in December, 2002 that subsidence damage in the amount <br />of $622,000.00 had occurred. The Colorado Court of Appeals and the Colorado <br />Supreme Court have affirmed that decision. No portion of the judgment has been <br />paid and we object to any transfer of the Basin permits with this final judgment <br />for subsidence damage unpaid or reclaimed. <br />The reclamation bonds by Basin should also not be refunded since reclamation of <br />subsidence has not been made or the Court ordered damages paid. We object to the <br />refund or cancellation of bonds to Basin -Westmoreland while neither reclamation nor <br />payment of the judgment has occurred. <br />Please advise. <br />Very truly yours, <br />LAW OFFICE OF JIM TATUM <br />• ~ G2~ <br />Tatum <br />JT/gv <br />cc: Joe Hambright <br />129 North Commercial Street Trinidad, Colorado 81082 <br />