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July 19, zao~ <br />Page 3 <br />leaves the uitir.0us of Colorado unprotected and opens up the Livision to potential <br />liability for failing to immediately address this situation. <br />If 13asinlWestmoreland refuses to proceed with the permit transfer the Division <br />can, and must, initiate the enforcement actions required by law. Ultimately, bond <br />forfeiture may have to be considered. <br />I have not, as of this date, Sled any complaint with OSIvI cvnccrniny, this cnattcr. <br />Absent a rimely reply as to the State's position with regard to this issue, T will seek the <br />aid of the Office of Surface Mining, I believe, due to the urgency of this issue, the State <br />should respond to me no later than Friday, June 2U, 2007. <br />The provisions of SMC1tA the "Act" 50'7, 509, and 511, address these very <br />issues. <br />F7'ACO: <br />With reference to my letters o£ July 12th and 16th, the States failure to file the <br />RpQU1RED FTACO results in Basin/Westmoxeland escaping the law and the punitive <br />effects of the mandatory civil penalties. Again, I am only asking the State to follow the <br />law. The State will then have a full and accurate 61e concerning this matter. To forgo <br />this REQUTI2ED and lawful step is unjust and against the best interest of the citizens of <br />this State. <br />Please advise, <br />Very truly yours. <br />~_ `..- <br />Ann Tatum <br />AT/s <br />Enclosures <br />b0 39tld Wf11C1 WIC 65t09b86tL tZ:tT L00Z/6i/L0 <br />