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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF BASIN RESOURCES, INC.'S APPEAL OF A PROPOSED <br />DIVISION DECISION REQUIRING THE POSTING OF ADDITIONAL RECLAMATION <br />BOND MONEY, FILE NUMBER C-2007-001 <br />THIS MATTER came before the Mined Land Reclamation Boazd ("Boazd") on May <br />16, 2007, in Denver, Colorado for a hearing to consider an appeal by Basin Resources, Inc. <br />("Basin") of a proposed decision by the Division of Reclamation, Mining and Safety <br />("Division") requiring Basin to post additional reclamation bond money for subsidence- <br />related property damage. Basin also appeals the amount of the proposed bond increase. The <br />file number in this matter is C-2007-001. Scot Anderson and Tom Durham appeazed on <br />behalf of Basin. Jim and Ann Tatum ("Tatums") appeazed as interested parties. David <br />Berry and Cheryl Linden appeazed on behalf of the Division of Reclamation, Mining and <br />Safety ("Division"). <br />The Boazd, having considered the parties' presentations and having been otherwise fully <br />informed of the facts in this matter, hereby enters the following findings of fact, conclusions of <br />law and order: <br />Basin operated an underground coal mine on 1,146 acres located in Section 29, Township <br />33 South, Range 67 West, 6`h Prime Meridian in Las Animas County, Colorado. The <br />underground coal mine is referred to as the Golden Eagle Mine site. The Tatums own <br />approximately 153 surface acres in the vicinity of the Basin mining operations. <br />2. The Board has jurisdiction over this matter pursuant to Section 34-33-113 and 119 of the <br />Colorado Surface Coal Mining Reclamation Act, Section 34-33-101 et seq. C.R.S. (2006) <br />Basin Bond Appeal, C-]981-013 <br />