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ANN TATUM <br />129 NORTH COMMERCIAL STREET <br />TRINIDAD, COLORADO 81082 <br />Phone: 719 846-U14') Fax: 719 846-0159 <br />January 26, 2007 <br />Mr. Al Klein <br />Western Regional Director <br />Office of Surface Mining <br />Y.U.k3ox 46667 <br />Denver, Colorado 80201-6667 <br />Mr. Jim Fulton <br />Chief <br />Office of Surface Mining <br />Y.O. Box 46667 <br />Denver, Colorado 80201-6667 <br />Facsimile (303) 844-1545 <br />Facsimile (303) 844-1545 <br />'1'li1S COMMUNICATION IS NOT PRIVILEGED <br />Rc: Tatum/Baain <br />(~ entl emen: <br />If any portion of this communication is incorrect, please address those issues in <br />writing upon receipt of this letter. <br />Tlus letter is to recap the issues surrounding the Talunilliasin subsidence rnauer. <br />Tatums won their initial lawsuit against Basuz Resources, Inc. despite the failure <br />of OSM to find that the coal company had caused subsidence in Tatums home. The <br />1B1.A decision/opinion is in the Golden Lade Permit file in the Denver offtce of OSM. <br />The IBLA opinion states the coal company (Basin) was responsible for the subsidence <br />damage to our home and property. <br />Subsequent to the initial subsidence issues, the Tatums suffered new subsidence <br />damage. A NOV waa filed with the Slate oi' Colu~ado acid was later dismissed without <br />prejudice. Tatums filed a lawsuit against Basin Resources, Inc. on Mazch 22, 2001. The <br />State of Colorado had YnoYVledge of this lawsuit. The suit was fled far the material <br />damage as defined in 2 Colorado Code Reg. 420.3(2) (1991) and thus established a <br />"violation by an operator of rule and regulation" pursuant to this article within the <br />meaning of Colo. Rev. Stat. 34-33-135 (6) (2000). T'urther, pursuant to 34-33-135 (6) <br />(2000), we are entitled to recover damages, including reasonable attorney and expert fees, <br />against Basin in the amount of the costs to repair, rehabilitate, or remove and replace the <br />Z0 39'Jd Wfllyl WIC 6ST09b66TL 0Z~9i L00Z/9Z/T0 <br />