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RCIV BY 1 l). Gi SAS. _ �. 4--26- 7 . 3:0,14M 711084-60159- U. G. &S. ;# G <br />• <br />As stated in the preamble to the 1995 Federal Regulations the 90 days from <br />occurrence is considered a "grace period" during which no bond would be <br />required if the permittee completed repairs or paid compensation. After the <br />grace period the regulatory authority must require the additional bond. <br />Outside of a limited time extension due to ongoing subsidence activity (not <br />applicable to this case), the preamble clearly talks to the need for a permittee <br />to post the additional 'bond after the 90. day period even if repairs are <br />underway. `SOSM believes that if delays in repair are likely, then normally <br />bond w- nounts should be adjusted to ensure that funds will be available later <br />to pay for the repairs, since delays increase the :risk that permittee funds may <br />not be available." Page 16742, Federal Register, Vol. 60, No.62, °fkriday, <br />March 31, 1995. 13asin�esttnoreland continues its efforts to disobey and <br />thwart the law. <br />In addition, the Federal Preamble clearly states that subsidence damage <br />constitutes a reclamation obligation for which bond must be posted: "The <br />current :ales at 30 CFR Part 800 already require the permittee to adjust the <br />amount of the band when the costs of future reclamation increase or when a <br />• reclamation obligation is established: for example, when material <br />damage fronx subsidence occurs." Page 16742, Federal Register, Vol. 60, <br />No,62, Friday, March 31, 1995. Coal mine subsidence or material damage is <br />a final judgment as reflected in the District Court, the Colorado Court of <br />Appeals, and the Colorado Supreme Court. ` <br />Therefore, contrary to Basin/Westmoreland assertions the subsidence <br />damage sustained by the Tatum residence is characterized by both Federal <br />and State law as a "cost of future reclamation" and as a "reclamation <br />obligation ". As such, Rule 3.07.2(4) clearly requires the adjustment of the <br />current bond to cover the proposed cost of that reclamation. <br />• <br />If Basin, or any other permittee, were to fail in their obligations and <br />ultirnately ;Forfeit all or a portion of their bonds NMRD is empowered and <br />required to utilize that bond, tbrough means available to MLRB, to meet The <br />"reclamation obligations" of the permittoc. It is for this very reason that the <br />bond amount must be sufficiently adjusted, 6om time to time, to cover all of <br />the reclamation obligations created by the permittee to protect the interests <br />of both NILRD and the public. 1, <br />5 <br />