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.~~ ~~T~ <br />ATTORNEY AT LAW <br />7®lapiwna (719) 848-0148 <br />November 27, ?006 <br />Mr. Dave Berry <br />Division of Reclamation, Mining & Safety <br />1313 Sherman Sheet, Raonz Z15 <br />Denver, Colorado 80203 <br />-'i <br />RE: Basia Resources and Westmoreland Coal I i <br />Bands and Permits ') <br />Mr. Berry: <br />Facsimile (71.9) ~3E-01.59.:i..:. <br />~, <br />- ,:,rte;.;,>t~;-. <br />1. What is the status of Basin's attempts to transfer permits to other owners? <br />2. A judgrnen# was issued in December, 2002 that subsidence damage in the amount <br />of $622,000AO had occurred.' The Colorado Court of Appeals and •the Colorado <br />Supreme Court have atFirmed that decision, No portion of the judgment has bccn <br />paid and we object to any transfer of the Basin permits with this final judgment <br />for subsidence damage rurpaid or reclaimed. <br />The reclamation bands by Basin should also not be refumded since reclamation of <br />subsidence has not been made or the Court ordered damages paid. We object to the <br />refund or cancellation of bonds to Basin - Westmorelarf~ while neither reclamation nor <br />payment of the judgment has occurred. <br />Please advise. <br />rT~~v <br />cc: Joe Hambright <br />Vary tvly yours, <br />T.AW OFFICE OF JIM TAT(JM <br />Tatum • <br />I~ <br />`~ <br />'129 North Commereia! Street Trinidad, Colorado 89092 <br />II 39bd Wflllt/1 WIC 65I09b86IL 5I~6I L90L/6Z/I0 <br />