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FROM <br />FAX NO. : 17198464975 Feb. 15 2007 04:50PM P1 <br />'United States Department of the Interior <br />a r p <br />� o <br />a OFFICE OF SURFACE MINING <br />Rccllmati��n xnd Gnlirrccmant <br />P.U. bux 46667 <br />fjznvcr, Colorado 80201 -6667 <br />rN RFa'LY RMRT04 <br />February '5, 2007 <br />Ms. Ann Tatum <br />129 North Coamnereial Street <br />Trinidad, Colorado 81082 <br />Dear Ms. Tatum: <br />This is to advise you thatthe Office of Surface Mining (OSM) received your written <br />statements dated January 19, 26, and 31, 2007. In. addition, you have discussed your <br />concerns with me by telephone on several occa,5ions between January 19 and.Febraary 1. <br />Your statement dated January 19 raised three concerns: <br />1.) You objected to the release ofbozids related to the Golden Eagle <br />• Mine/BasinMestmoreland Coal Company, <br />2.) You requested a performance bond equal to or greater than your judgment of <br />$622,000, and <br />3.) You cited a failure to issue an NOV by the Colorado Division of Reclamation, <br />Mining and Safety (DRMS). <br />• <br />Your statement dated January 26, 2007, recapped the issues surrounding the subsidence <br />matter. You also noted that DMRS has not adopted a regulation consistent with 30 CFR <br />817.121(c)(5) requiring the perforruainec bond to be adjusted to reflect subsidence <br />damage. You also state that DRMS must issue a NOV in order to comply with State <br />regulations. <br />In our conversations by telephone, we discussed how OSM might respond to your <br />concems. In your letter dated January 31, 2007, you state that a ten -day notice is not <br />appropriate and that direct Federal enforcemcat is required. <br />The violation you allege is Colorado regulation 4.20.3(2)(b)(i) and (ii) requiring the <br />prompt repair or compensation of structures damaged by subsidence caused by <br />underground mining. We will be issuing a ten -day notice to DMRS regarding the <br />violation you allege. it is OSM policy, under Directive INE -35 -3, to issue ten -day <br />notices in States with cooperative agreements to regulate Federal lands.-. We will provide <br />you a copy of the ten -day notice for your. information. Upon final examination of tho <br />DMRS's response to the ten -day notice, you will be informed of the results. <br />TAKE PRID!r &n ;, f . <br />i NAM ERICA -- <br />