2007-05-09_ENFORCEMENT - C1981013

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KCV BN * U. G. &.3 y y y -1- 26- 7 , 3:01PNI Vy 71.)EitlE3O 15�� +� U. G. &S. ; # 2 • BEFORE THE 1VRNED LAID RECLAIMATION BOARD JIM AND AN" NT TAT.UMS RESPONSE TO BASIN RESOURCES, INC. OPPOSITION TO INCREASE THE BOND, VACATING NOTICE OF `IIOLATION CV- 2007 -001 AND MOTION TO CONSOLIDATE BASIN RESOURCES INC., Permit No. C- 1981-0.13 This matter comes before the Mined Land Reclamation Board ( "board or "MLRB" ) for a bearing on the Division of Reclamation, Mining and Safety's issuance of NOV No. CV- 2007 -001 for Basin's fa.ilme to comply with a performance standard requiring compensation. for damage done to an occupied residence by subsidence and MLRB's proposed decision to require Basin Resources, Inc. -- Westmoreland Coal Company to increase their bond to cover the anticipated cost of compensation for damage done by is subsidence as required by a second, and separate, performance standard. The Taturns would offer the following as a point by point rebuttal of Basin's "Sta.- cement of Reasons" submitted to the Board on April 20,2007; , Westmoreland purchased Basin Resources, Inc. from Montana &wcr in 2001 and assumed all of Basin Resources, Inc assets and liabilities. The State of Colorado Division of Reclamation, Mining and Safety and the United States Office of Surface Mining acknowledge that Westmoreland Coat Company is the 100% sha,rellolder, owner and controller of Basin Resources, Inc. The Las Animas County District Court issued judgment in favor of Tatums for $622,000, costs, i- werest, and attorneys fees on December 19, 2002. Basi.riATestmoreland appealed the District Court's judgment to the Colorado Court of Appeals in Case No. 03CA,07 -50. Un !November 17, 2005, the Colorado Court of Appeals affinned the judgment in all ways. Basin appealed to the Colorado Supreme Court in Case No. 06SC99 and the Supreme Court endorsed the lower Courts' rulings. 3