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NN TATUM <br />129 NORTH COMMERCIAL STREET <br />TRINIDAD, COLORADO 81082 <br />Phone: 719 846-0149 Fax. 719 846-0159 <br />RECEIVED <br />JAN 19 2007 <br />Qi~~,..: n of Reclamation, <br />m;;~u~~g :nd Saiety <br />January 17, 2007 <br />Mr. Dave Berry <br />Division of Reclamation, Mining & Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Facsimile 303 832 8106 <br />RE: Tatum -Basin <br />Mr. Berry: <br />Pursuant to our telephone conversation this date please refer to Code of Federal <br />Regulations Title 30 Mineral Resources Chapter VII section 817.121 b paragraph (5): <br />Adjustment of bond amount for subsidence damage. A copy of same is enclosed. <br />These regulations exist to ensure timely compliance and compensation for subsidence <br />damage and as a safeguard against the coal mine company's failure to compensate the <br />land/property owners damaged by coal mine subsidence. State programs must be as <br />effective as the Federal regulations require, thus an adjustment of the bond <br />presently in effect MUST be increased as required by the Federa; regulations. The <br />State of Colorado has agreed to enforce the Federal regulations. <br />The June 11, 2001 Order referred to in the Januazy 12, 2007 letter from Scot <br />Anderson with Davis, Graham and Stubbs to you states: <br />"Notice of Violation No. CV-2000-009 is hereby vacated without prejudice". <br />We, therefore, are permitted to refile our complaint. <br />Further, the January 12, 2007 letter referenced above confirms that Westmoreland <br />Coal Company purchased the stock of Basin on April 30, 2001. The AVS updated <br />information was provided to your office via letter and attachments on June 2, 2004 from <br />Ronald G. Thompson. The copy of the Application for Permit for Surface Coal Mining <br />and Reclamation Operations, 203.4 (3) (4) (5) provided to me oy your office on <br />December 13, 2006 states: <br />"Basin Resources is a wholly-owned subsidiary of Westmoreland Coal Company, <br />2 North Cascade Avenue, Colorado Springs, Co. 80903. Tables 2A, 2B & 2C list the <br />corporate officers, directors and addresses and Employer Identification Numbers for <br />Basin Resources and Westmoreland Coal Company. Westmoreland owns or controls <br />