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<br />January 26, 2007 <br />Page 4 <br />Tatum <br />mine company's failure to compensate the land/property owners damaged by coal mule <br />subsidence. State programs must be as eliecfive as the Federal regulations require, <br />thus an adjustment of the bond presently in effect MUST he increased as required <br />by the Federal regulations. 30 CFR 817.121 ~ (>} states that a bond must be posted <br />within 90 days of the date the damage occurred. 30 CFR 817.]210 (S) a]lows for the <br />extension of tltis requirement to one year, The bond must be increased immediately to <br />cover our loss. Tkte amount of judgment awazded to the Tatums, 622,000.00 plus pre and <br />post judgment interest as of January 22nd equals approximately $96'L,'l'/9.00. No <br />extension should be allowed. <br />The 732 letter was sent by OSIvl to the State of Colorado on June; S, 1996, 15 <br />months after the March 1995 date. Tam being told'ns of this date no inclusion of lhi5 <br />provision was introduced into the Colorado Rules and Regulations, however it remains <br />effective under section 72D (a) of SMCRA. The State of Colorado was to furnish <br />additional information to OSM in August 1998 concerning the implementation of 30 CFR <br />817.121 ~ (5} -was this done? <br />I have requested that the State of Colorado issue a NOV, The Division of <br />KeClamation, Mining & Safety mull, in order to comply with the State Regulations, <br />issue a NOV for failure to compensate the landowners. Absent immediate action by <br />Basin/Westmorcland to cure the NOV, the issuance of ~ Failure to Abate must be <br />issued, a cessation order, and a Ievy against each corporate entity, must occur. <br />Further, pursuant to Code of Federal Regulations Title 30 lVlinerul <br />Resources Chapter 'VII section 817.121 b paragraph (5): Adjustment of bond <br />amount for subsidence damage, the bond must be increased In the arnouul uf.lo less <br />titan $962,279.00 effective immediately or the current computation at the time the <br />bond is increased as reflected iu the Judgment dated December 19, 2002 in the <br />amount of $62Z,000.UO plus pre and post judgment interest at the rate of 8% from <br />the date of filing, March 22, 2001 until tits date the bond is posted. <br />Please advise how this is to be accomplished in the most expeditious matter <br />by OSM or the State of Colorado. <br />Very truly yours, <br />Ann Tatum <br />AT/s <br />E11ClosureS <br />S0 39Cd Wf11C1 WIP 6ST09b86iG 0Z~9i L00Z/9Z/T0 <br />