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ANN TATUM <br />129 NORTH COMMERCIAL ST. <br />TRINIDAD, COLORADO <br />81082 <br />(719) 846-0149 Facsimile (719) 846-0159 <br />August 22, 2007 <br />Ms. Cheryl Linden. <br />Office of the Attorney General <br />1525 Sherman St. 5t' Floor <br />Denver, Colorado 80203 <br />Mr. Dave Berry <br />DRMS <br />1313 Sherman Street, Rm 215 <br />Denver, Colorado 80203 <br />RE: OSM's TDN -Westmoreland-Basin <br />Ms. Linden and Mr. Berry: <br />Facsimile (303) 866-3558 <br />Facsimile (303) 832-8106 <br />q? cF? <br />?ov) ofR? ????0 0 <br />9a?a V? A I <br />So fe roe <br />I was advised yesterday that OSM extended the TDN until Friday, August 24, <br />2007 per the request of the State of Colorado to allover the Attorney General's Office time <br />to "assess the legal issues". I am very concerned that the State of Colorado refused to <br />take appropriate action absent the action of OSM. <br />I questioned the issuance of the permit in the name of Basin Resources, Inc. and <br />the fact that the liability insurance accepted by the State of Colorado was not in the name <br />of the permittee. Both of these factors violated several provisions contained both in the <br />Code of Federal Regulations, SMCRA, and the Colorado Coal Mining Regulations. <br />The request to have the AG's office assess the law leads me to believe that the <br />current TDN opens several other permit issues whereby the State of Colorado has <br />accepted insurance, issued permits, allowed transfers,.etc. that did not comply with the <br />law. <br />The need to enforce all laws pertaining to coal mining is essential. The current <br />TDN can only be addressed by the issuance of either a Notice of Violation or a permit <br />order to Basin Resources, Inc. <br />I have telephoned Mr. Beerynumerous times in an effort to discuss these matters. <br />I have left my telephone numbers and have yet to receive a return call. If it is the position <br />of the State of Colorado that Mr. Berry should not communicate with me regarding these <br />Z'd L99ti-L?6-E6L wn;el uuy P-90:60 LO ZZ 6nV