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lIM TATUM <br />ATTORNEY AT IAW <br />TELEPHONE NUMBER (719) 846-0149 <br />October 1, 2003 <br />Mr. David Berry <br />Coal Program Supervisor <br />Colorado Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Mr. Berry: <br />It was my thought that a bond might protect us from the dishonesty and <br />deception we have seen in our prior dealings with this firm and its lawyers. Basin <br />has not reclaimed the damaged pasture the}~ were supposed to reseed years ago. We <br />have now been through two trials whereby the conduct of the defendant and its <br />counsel was conduct of the most scurrilous type -perjury, concealing evidence, <br />misrepresentations to the court, and false and dishonest representations to state <br />engineer, DMG and other agencies. <br />This so-called video inspection is a sham and a fraud. They pulled the same <br />thing in the case we just tried, then drilled the hole in a completely different spot <br />and tried to misrepresent actual conditions in the mine. The same IMSHA <br />inspector, Don Jordon, and Dave Huey, mine foreman, testified as to the true <br />conditions -they are the same people who say the hole is not cased. It would be a <br />simple matter to see any bills for casing, labor, etc. Basin is untruthful and this <br />request for a video inspection is subterfuge. They did the same thing on the case in <br />chief and the drill hole missed the euti-•e ii~hte. if the hole was cased, whu did the <br />job and where is the proof of work or materials that would have to exist. <br />Very truly yours, <br />M TATUM A~RNE <br />Tatum <br />SH/s <br />FACSIMILE (719) 846-0159 <br />~~~~0 <br />RECEI~/E® <br />OCT 0 2 c"003 <br />Division of Minerals and Gedc3t <br />129 NORTH COMMERCIAL STREET, TRINIDAD, COLORADO 81082 <br />