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07/26/2007 15:12 7198460159 JIM TATUM <br />July 19, 2007 <br />Pate 3 <br />leaves the citizens of Colorado unprotected and opens up the Division to potential <br />liability fox fa$ing to immediately address this situation. <br />If Basin/Westoloreland refuses to proceed with the pemoit transfer the Division <br />can, and' must„ initiate the enforcement actinna required by law• Ultirczately, bond <br />forfeiture may have to be considered. <br />I have not, as of this date, filed any complaint with OSM~concerning this matter. <br />Absent a timely reply as to the State's position. with regard to this issue, I will seek the <br />aid of the Office of Surface iVli:aing. I believe, due to the urgency of this issue, the State <br />should respond to me no later tbau Friday, June 20, 2007. i <br />The provisions of SMCRA the "Act" 507, 509, and 511, address these very <br />issues. <br />k°I'ACO: <br />With reference to my letters of July 12th and 16th, the States failure to file the <br />REQUIRED FTACO zesults 9n Basin/FVestmoreland escaping the law and the puuitive <br />effects of the mandatory' civil penalties. Again, I am only asking the State to follow the <br />law. The State will than have a full and accurate file concerning this matter. To forgo <br />this REQUIRED and lawful step is unjust and against the best interest of the citizens of <br />this State. <br />Please advise. <br />fV~ery truly yours, --per <br />Ann Tatum <br />PAGE 06 <br />AT/s <br />Enclosures <br />