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• <br />• <br />• <br />D. G. &S., t -20 -• 7 3:011-INI 7/98460159 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 regulation$ have occurred and, as such, they, have taken -the action <br />requxed by Colorado Statute and Regulation to abate same. <br />Ba.s.in 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 Basin1westmoreland <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 />Basiit/West>; oreland 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 />6z- <br />Ann Tatum, Pro Se <br />1291riorth Commercial St. <br />Trinidad, Colorado 81082 <br />(719) 946 -0149 <br />Facsimile (719) 846 -0159 <br />0 <br />