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United States Department of the Interior <br />IN REPLY REFERTO: <br />(? / <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />P.O. Box 46667 <br />Denver, Colorado 80201-6667 <br />July lz, 2007 REGE~~~D <br />1 <br />Ms. Ann Tatum <br />129 North Commercial Street <br />Trinidad, Colorado 81082 <br />Deaz Ms. Tatum: <br />JUI.3 0100tcn, <br />piv~swn of a d Safely <br />Minm9 <br />You called me on July 9, 2007, to request that the Office of Surface Mining (OSM) issue <br />Colorado Division of Reclamation Mining and Safety (DBMS) a ten day notice (TDN) <br />for reasons related to compliance by Basin Resources, Inc. with a notice of violation <br />(NOS issued by DBMS. You followed up with two letters to Al Klein and me dated <br />July 9, 2007. <br />I am declining to issue a ten day notice. As you know OSM worked with DBMS to <br />require bond in the amount of the decrease in value due to subsidence. We have also <br />followed the State's administration of its program to require repair or compensation for <br />damage or the decrease in value to non-commercial buildings and dwellings due to <br />subsidence. In addition we have worked with you and responded to your requests for <br />increased involvement by OSM and DBMS. <br />The performance standazd requires Basin to compensate you for the decrease in value to <br />your residence caused by subsidence. The State of Colorado detemrined the decrease to <br />be $622,000. The question of interest since the judgment in 2005 is no"t a factor in the <br />State's regulation. Basin has complied with the requirement to compensate and there no <br />longer is a violation. I am awaze that the actual payment was late and made later when <br />the check had to be reissued. I am unwilling to issue a ten day notice or take any Federal <br />action because the violation has been abated. <br />Sincerely, ~ _ <br />James Fulton <br />Denver Field Division Manager <br />~N~M ER CA~ <br />