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P N,fN Of TyaY' <br />o -y~ United States Department of the Interiol• <br />A <br />O <br />' ' OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />4ACN ° ~~~~ P.O. Bos 46667 <br />Denver, Colorado 80201-6667 <br />IN REPLY REFER TO: <br />October 12, 2007 <br />Ms. Ann Tatum <br />129 North Commercial Street <br />Trinidad, Colorado 81082 <br />Deaz Ms. Tatum: <br />This is in response to your September 10, 2007 request for informal review of the Office of <br />Surface Mining (OSM) Denver Field Division's (DFD) September 4, 2007 decision about ten- <br />day notice (TDN) X07-140-116-002, TV2. The DFD's decisiott found that the Colorado <br />Division of Reclamation, Mining and Safety's (DBMS) response to the TDN was not azbitrary, <br />capricious, or an abuse of discretion under the approved state program, and that the DBMS had <br />shown good cause for taking no further action regarding the two violations alleged in the TDN. <br />Specifically, the DFD found that the DBMS had shown that Basin Resources, Inc. is in <br />compliance with Colorado Rules 2.08.6 and 2.03.9, respectively. Your request for informal <br />review disagrees with the DFD's September 4, 2007 decision, indicates that you believe that the <br />DBMS did not show good cause for not taking action, and therefore their response to the TDN <br />was inappropriate. Tlils response addresses your request. <br />TDN Issuance: On August 1, 2007, you sent a citizen's complaint to both the DFD and DBMS <br />alleging that Basin Resources, Inc. is not the valid permittee for the Golden Eagle Mine. The <br />complaint goes on to allege that Basin Resources, Inc. had not provided to the DBMS the <br />required liability insurance coverage. In response to your complaint a TDN was issued to the <br />DBMS on August 3, 2007, and included two violations. Violation #1 alleged that the permittee <br />does not have a valid DBMS written approval for Colorado Permit C-S1-013, Golden Eagle <br />Mine in accordance with Colorado Rule 2.08.6. Violation #2 alleged that the permittee has <br />failed to provide the DBMS with a valid pubic liability insurance certificate for Colorado Permit <br />C-81-013, Golden Eagle Mine, as required by Colorado Rule 2.03.9. <br />State TDN Response: On August 23, 2007, the DBMS responded to the August 3, 2007 TDN <br />from the DFD. In response to Violation #1, the DBMS stated that based upon information <br />available to it, Basin Resources, Inc. is the valid permittee for the Golden Eagle Mine; Permit <br />Number C-81-013. Basin Resources, Inc. is a separate corporate entity from Westmoreland Coal <br />Company, and is a corporation in good standing with the Colorado Secretary of State. The <br />DBMS also stated its understanding that Westmoreland Coal Company purchased Basin <br />Resources, Inc, and is thus listed as a 100% owner in both the Golden Eagle Mine; Permit <br />Number C-81-013 and the OSM Applicant Violator System {AVS). The DBMS further <br />responded that all written approvals pertaining to the issuance and renewals of the Golden Eagle <br />~HAMERIGA~ <br />