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Ann Tatum 129 N. Commercial Street Trinidad, CO 81082 Phone: (719) 846-0149 Fax: (719} 846-0159 December 7, 2006 RECEIVED VIA OVERNIGHT DELIVERY DEC 0 8 2006 Mr. Dave Berry Division of Reclamation, Mining and Safety Division of Reclamation, Mining & Safety 1313 Sherman Street, Room 215 Denver, Colorado 80203 RE: Basin Resources, Inc. /Westmoreland Coal Company/Westmoreland Mining LLC. Citizen's Complaint Mr. Berry: On March 22, 2001 we filed a lawsuit against Basin Resources, Inc. A copy of the original suit is herein enclosed. The suit was filed for the material damage as defined in § 2 Colorado Code Regs. § 4.20.3(2) (1991) and thus established a "violation by an operator of rule and regulation" pursuant to this article within the meaning of Colo. Rev. Stat. § 34-33-135 (6) (2000). Further, pursuant to § 34-33-135 (6) (2000), we aze entitled to recover damages including reasonable attorney and expert witness fees against Basin in the amount of the costs to repair, rehabilitate, or remove and replace the adobe house or alternatively in the amount of the diminution in the value of the property subject to this suit. On December 19, 2002 the Las Animas County District Court entered the Findings of Fact, Conclusion of Law and Judgment. A copy of same is herein enclosed. The Court found: "The measure of damages in a case of coal mine subsidence in Colorado is the `full amount of diminution of value' as specified by the Colorado Surface Coal Mining Reclamation Act, and regulations adopted pursuant to this Act. See C.R.S. 34-33-103, 121, 133.5, 135(6) and 2 Colo. Code of Regs., 4.20.3(21(b)(ii)." The court found that this special regulatory measure of damages was due to the coal mining operations of Basin and structural damage and movement had occurred to our property resulting in damage and the diminution of value to our property as a result of coal mining subsidence in the amount of $622,000.00. The court awarded us attorney and expert fees, pre and post judgment interest. Basin appealed this decision and copies are attached of the Colorado Court of Appeals decision of November 17, 2005, the Mandate issued on August 30, 2006, and the denial of the Petition for Writ of Certiorari issued on August 28, 2006.