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March 2, 2007 Page 2 In that you have yet to make a finding regarding the DRMS position on their ability to require an increase in bond due to subsidence damage and, obviously, have not yet decided on an action to require Basin to comply with the performance standard found at 30 CFR 817.12] (c) (5), I must consider yow response to my citizen complaint as being, at this dme, incomplete. As noted above, less than two weeks remain under yow own timeframes to render a decision on the DBMS "732" response. There is absolutely no reason for OSM to wait for the entire thirty days to pass before rendering a decision that should have been dealt with in 1996. I also expect you to promptly forward me a copy of that decision along with a description of those actions you plan on taking to bring Basin into compliance with 30 CFR 817.12] (c) (S) in response to my complaint. Upon receipt of said correspondence a decision will be made as to the need to pursue other remedies. In a February 28, 2007 email from Mr. Fulton he states: "As you know Colorado issued a violation (NOV) to Basin for failure to compensate. The NOV gives Basin 90 days from issuance to comply. 90 days are allowed under the Colorado program. I accepted the NOV as appropriate action in response to t?ur ten-day notice. The standard for appropriate action is not what OSM would have done, but the State acted properly under the state program:' What does this mean??? OSM had the authority to take direct action, and same was pointed out to you in numerous communications. Now Mr. Fulton states OSM would not have done what the TDN instructed the State to do. In closing, let me remind you that we would not be discussing these regulatory requirements had you done your jobs in 1996. Yow continued delay in requiring enforcement benefits the very entity that caused the damage to our property. It is your job to make Basin comply with the law. Very truly yours, -~~ 1 h.~..+..::~ ~-' ~1`. ``.. Cwt-."~ Anri Tatum Cc: Mr. Dave Berry Facsimile (303) 832 8106 Division of Reclamation, Mining & Safety 1313 Sherman Street, Room 215 Denver, Colorado 80203 United States Senator Ken Salazar Facsimile (202)228-5036 702 Hart Senate Office Building Washington, D.D. 20510 coon sv~ vi~oi r,oozizo~co