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5? <br />ANN TA.TUM <br />129 NORTH COMMERCIAL STREET, <br />TRINIDAD, COLORADO 81082 <br />'Phone; 719 846-0144 Fax. 719 846-0159 <br />January 19, 2007 <br />Mr. Dave Berry <br />Division of Reclamation, Mining & Safety <br />1313 Sherman Street, Room 215 <br />Dernvcr, Culurudu 80203 , <br />Facsimile 303 832 8106 <br />Mr. Al Klein, Regional Director <br />Western Regional Office <br />P.O. Box 46667 <br />Denver, Colorado 80201-6667 <br />RE: Tatum , Basin <br />Facsimile 303 844 1545 <br />The Code of Federal Regulations Title 30 Mincrai Resources Chapter VII section <br />817.121 b paragraph (5): Adjustment of bond amount for subsidence damage <br />mandates that immediate action must be taken to protect our property and the existing <br />bond be increased. <br />The permit is a Federal permit and by regulation both the State and the Federal <br />govenunent must sign any bond releases pertaining to the Golden Eagle Mine. The State <br />has been on notice for many months that we objected to the release of any 'bonds related <br />to the Golden Eagle Mine/Basin/Westmoreland Coal Company. You are hereby placed <br />on notice that any bonds released since the date of our Judgment, December 19, 2002 <br />were wilawful and in violation of the law unless the performance bond is in the amount <br />P.Tin.i to or greater than our judgment of $622,000.00. <br />Your failure to talce'immediate action, issue the requested NOV and have the coal <br />company increase the bond leaves us in danger of not being made whole and having our <br />property repaired. <br />Advise out office in writing upon receipt of this letter what each of your positions <br />are in regard to this matter. I urge you to have a joint and unified plan to enforce the <br />existing rules, regulations and laws. <br />Very truly yours, <br />Ann Tatum <br />ZO 39Gd wnivi WIP 65T89b86TL ZC:9T L89Z/6T/T0