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Mine; Permit Number C-81-013 aze of record. Finally, the DRMS stated that although it understood that Basin Resources, Inc. is owned by Westmoreland Coal Company, it was not aware of any evidence to indicate that "the rights granted under" the Golden Eagle Mine; Permit Number C-81-013 reside with, or aze exercised by any entity other than Basin Resources, Inc. Therefore, no legal or factual basis exists to assert that Basin Resources, Inc. is in violation of Colorado Rule 2.08.6. On this basis, the DRMS asserted that it had shown good cause for declining to issue a notice of violation to Basin Resources, Inc. The DRMS attached to its response a copy of the August 20, 2007 Certificate from the Colorado Secretary of State's Office verifying that Basin Resources, Inc. is a corporation in good standing. In response to Violation #2, the DRMS stated that Basin Resources, Inc. had previously provided it with an insurance certificate dated June 27, 2007 verifying that a public liability insurance policy was in force for the Golden Eagle Mine; Permit Number C-81-013. This certificate listed Westmoreland Coal Company as the "Insured" and included "The Golden Eagle Mine Permit # C-81-023" in the "Description ofoperations/locations/vehicles/exclusions added by endorsement/special provisions" section of the certificate. The DRMS further stated that it accepted this certificate as evidence of compliance with the purpose and intent of Rule 2.03.9. On August 20, 2007, the DRMS received a new certificate ofliability insurance from Basin Resources, Inc. verifying that the Golden Eagle Mine; Pemrit Number C-81-013 is covered with an insurance policy issued by National Union Fire Insurance Company of Pittsburgh and specifically identifies Basin Resources, Inc. as the "Insured." Based on this information, the DRMS disagreed that any violation existed and asserted that it had shown good cause to decline issuance of a notice of violation to Basin Resources, Inc. The DRMS attached to its response a copy of the August 20, 2007 Certificate of Liability Insurance for Basin Resources, Inc. Field Office Determination: By letter dated September 4, 2007, the DFD informed the DRMS that its response to the TDN was not arbitrary, capricious or an abuse of discretion under the approved state program. Specifically, the DFD found that the DRMS had shown good cause for taking no further action regazding the two violations alleged in the TDN. Accordingly, the DFD concluded that the DRMS had shown that Basin Resources, Inc. is in compliance with Colorado Rules 2.08.6 and 2.03.9, and that the DRMS's permitting actions with regazd to those rules were not arbitrary, capricious or an abuse of discretion under the approved state program. Request for Informal Review: Following the DFD decision letter on September 10, 2007, you requested informal review of the DFD's decision. Wit1r respect to Violation #1, your request queried how the DRMS and OSM can allow Pemut Number C-81-013 to be issued in the name of Basin Resources, Inc. You also alleged that both OSM and the DRMS have failed to enforce the law and have exercised personal discretion when considering enforcement actions under SMCRA: Lastly, you stated that Westmoreland Coal Company is the successor in interest; a change of ownership has occun•ed; Westmoreland Coal Company owns 100% of Basin Resources, Inc.; and Westmoreland Coal Company controls Basin Resources, Inc. You conclude by asking what more needs to be provided to the DRMS to mandate a change in the named pemuttee of the Golden Eagle Mine. As regards Violation #2, your request alleged that both the State of Colorado and OSM allowed