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RECEe~~D <br />BEFORE THE MINED LAND RECLAMATION BOARD Mqy Q3 POpI <br />_. _. Dlvls/e~ _. _. <br />MlninB ana ~alety, "n• <br />JIM AND ANN TATUMS RESPONSE TO BASIN RESOURCES, INC. <br />PETITION FOR REVIEW NOTICE OF VIOLATION CV-2007-001 <br />OPPOSITION TO INCREASE BOND AND MOTION TO <br />CONSOLIDATE AND SUPPLEMENTAL RESPONSE TO BASIN'S <br />ARGUMENT CONCERNING PREVIOUS AGREEMENTS <br />BASIN RESOURCES INC., Permit No. C-1981-013 <br />This matter comes before the Mined Land Reclamation Board ("Board or <br />"MLRB") for a hearing on the Division of Reclamation, Mining and <br />Safety's issuance of NOV No. CV-2007-001 for Basin's failure to comply <br />with a performance standard requiring compensation for damage done to <br />an occupied residence by subsidence and MLRB's proposed decision to <br />require Basin Resources, Inc. -Westmoreland Coal Company to increase <br />their bond to cover the anticipated cost of compensation for damage done by <br />subsidence as required by a second, and separate, performance standard. <br />The Tatums would offer the following as a point by point rebuttal of Basin's <br />"Petition for Review" submitted to the Board on April 23, 2007: <br />1. Jim and Ann Tatum have filed their response to <br />Basin/Westmoreland's "Statement of Reasons", filed by <br />Basin/Westmoreland on April 20, 2007. Tatums herein <br />incorporate their response filed Apri126, 2007. <br />2. Basin/Westmoreland's Petition for Review reiterates their April <br />20, 2007 filing, with the exception that the Petition for Review <br />requests that the MLRB hold a hearing on the Notice of Violation <br />Number CV 2007-001, the proposed penalty assessment for the <br />Notice of Violation and the proposal to increase the bond for the <br />Golden Eagle Mine, Permit Number C-1981-013 and that such <br />hearing be held on May 16, 2007. <br />