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United States Department of the Interior <br />IN REPLY REFER TO: <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />P.O. Box 46667 <br />Denver, Colorado 80201-6667 <br />September 4, 2007 <br />Mr. David Berry <br />Coal Program Supervisor <br />Division of Reclamation, Mining, and Safety <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />~~~'ENED <br />RECEIVED <br />U.-.~ } _5 2007 <br />SEP 0 5 2007 <br />,.,;~ ~tirr;n~ and,.Sa(~yon, <br />~~°.i~x: ~..zC .:;rfety <br />RE: Office of Surface Mining, Ten Day Notice X07-140-116-002, TV2 <br />Basin Resources, Inc., Golden Eagle Mine, Permit No. C-81-013 <br />Dear Mr. Berry: <br />The Office of Surface Mining (OSM), Denver Field Division (DFD), received and <br />reviewed your August 23, 2007, letter responding to DFD regazding the above Ten Day <br />Notice (TDN). As required in 30 CFR 842.11, we find the Colorado Division of <br />Reclamation, Mining, and Safety (DRMS) response is not azbitrazy, capricious, or an <br />abuse of discretion under the approved state program. OSM finds the DRMS has shown <br />good cause for taking no further action regarding the two violations alleged in TDN X07- <br />140-116-002, TV2. DRMS has shown that Basin Resources, Inc. is in compliance with <br />Colorado Rule 2.08.6, and Colorado Rule 2.03.9. The DRMS permitting actions <br />discussed above with regard to these rules are not arbitrary, capricious, or an abuse of <br />discretion under the state program. <br />This finding is based on the following actions taken under the approved state program, <br />and based on these actions OSM has no reason to believe that the permiee Basin <br />Resources, Inc., is in violation of Colorado Rule 2.08.6, and Colorado Rule 2.03.9 as <br />alleged in TDN X07-140-116-002, TV2. <br />The DRMS responds that Basin Resources, Inc. is the applicant of record for the Golden <br />Eagle Mine., Permit No.C-81-013. DRMS responds there is no evidence in Permit No. <br />81-013 which suggests Basin Resources, Inc. does not have a valid DRMS approval for <br />this permit. DRMS further responds there is no evidence in the permit record to suggest <br />the "transfer, assignment, or sale of the rights granted by a permit" to Westmoreland Coal <br />Company or any other entity. <br />~NAMERICA~ <br />