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program. <br />Colorado has been granted primacy under SMCRA, and therefore has exclusive <br />jurisdiction over the regulation of surface mining operations within its borders (Section <br />503(a)). In a primacy state, permit decisions and any appeals aze solely matters of the <br />state's jwisdiction in which OSM plays no role. The roles of the state and Federal <br />governments were explained by the U.S. Court of Appeals for the District of Columbia <br />Circuit as follows: <br />[T]he state is the sole issuer ofpemuts. In performing this centrally important <br />duty, the state regulatory authority decides who will mine in what azeas, how long <br />they may conduct mining operations, and under what conditions the operations <br />will take place. It decides whether a permittee's techniques for avoiding <br />environmental degradation aze sufficient and whether the proposed reclamation <br />plan is acceptable. <br />~**>?: <br />Administrative and judicial appeals of permit decisions aze matters of state <br />jurisdiction on which the Secretary plays no role. <br />In re: Permanent Surface Mining Regiriation Lit., 653 F. 2d 514, 519 (DC Cir. 1981) (en <br />banc). <br />Certainly, the matter of a permit transfer falls within the realm of state permitting <br />decisions and must be considered in this light. <br />2. With respect to Violation #2, the DFD's conclusion that the DRMS has shown good <br />cause for taking no further action because Basin Resowces, Inc. had provided the DRMS <br />with a valid pubic liability insurance certificate for the Golden Eagle Mine; Permit C-81- <br />013, in compliance with Colorado Rule 2.03.9 is valid. <br />Prior to the issuance of TDN X07-140-116-002, TV2, Basin Resources, Inc. provided an <br />insurance certificate to the DRMS verifying that a public inswance policy was in force <br />for the Golden Eagle Mine; Permit Number C-81-013. The certificate listed <br />Westmoreland Coal Company as the insured and included "The Golden Eagle Mine <br />Permit # C-81-013" in the "Description of operations/locations/vehicles/exclusions added <br />by endorsement/special provisions" section of the certificate. To alleviate any further <br />potential for confusion as a result of the TDN, Basin Resources, Inc. elected to provide <br />the DRMS with a new certificate of liability inswance on August 20, 2007. The <br />certificate again verified that the Golden Eagle Mine; Permit Number C-81-013 is <br />covered with an insurance policy issued by National Union Fire Insurance Company of <br />Pittsbwglr and specifically identifies Basin Resowces, Inc. as the "Insured." The <br />previous discussion established that Basin Resowces, Inc. was the valid permittee of <br />