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hC'\' f31' D. G. &S., 4-20-• 7 :3:011-INI 7198460159 U. G. &S. elf 7 <br />• S. In conclusion, the settlement of Case No. O.ICV38 specifically <br />exempts Case No. 01CV26 and related claims and issues, thus it cannot act, <br />as a waiver of any future. claim or enforcement dealing with Case- No. <br />01CV26. NILRD has been provided information that clearly dcmonstxates <br />that two separate and distitwt performance violations of the Colorado Coal <br />Mining regulati,on$ have occurred and, as such, they, have taken -the action <br />requxed by Colorado Statute and Regulation to abate same. <br />Basin Vestrnoreland through its own belligerea" and recalcitrance has <br />forfeited its right to attempt to repair the subsidence damage it caused over 5 <br />years ago. At this late date, compensation in the full amount of diminution <br />of value is the only viable means of abatetnent. By law Basin[Westmoreland <br />has established a new "reclainarion obligation" for which additional bond <br />must be posted- In addition, by law this must be done immediately in that <br />BasiuLrwestworeland is far beyond any allowable "grace periods". <br />For the foregoing reasons, Tatums respectfully request that the Board uphold <br />the NOV and the required abatement measures contained therein and <br />immediately require the posting of the additional bond as found in the March <br />21, 2007 U LRD Proposed Decision to Increase Bond and Tatums Brief in <br />• Support Of the Proposed Increase Including Pre and Post Judgment Interest <br />Jim Tatum, A.R. 417204 <br />Ann Tatum, Pro Se <br />1291riorth Commercial St. <br />Trinidad, Colorado 81082 <br />(719) 946-0149 <br />Facsimile (719) 846-0159 <br />• <br />6