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<br />Mr. Dave Berry <br />Division of Reclamation, Mining and Safety <br />January 12, 2007 <br />Page 2 <br />See Order of the Mined Land Reclamation Boazd (June 11, 2001). All issues related to the NOV <br />were resolved in a settlement among the Tatums, Basin, the Board and the Division. <br />The civil lawsuit resulted in a judgment as Ms. Tatum has stated. The Tatums have <br />begun to pursue post judgment collection remedies against Basin under the Colorado Rules of <br />Civil Procedure. We are aware of no basis in the Colorado Surface Coal Mining Reclamation <br />Act or the related regulations for the Tatums to call upon the Division for aid in enforcement of a <br />state court money judgment. Rather, the Tatums have adequate opportunities to pursue <br />enforcement of their judgment through the courts. <br />Sincerely yoours,) <br />~~l~J <br />Scot W. Anderson <br />for <br />DAMS GRAHAM & STUBBS LLP <br />cc: A. Tatum <br />