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record prior to its sale to Westmoreland Coal Company and it remained the valid <br />permttee of record thereafter. Considering that the permit itself has not changed hands it <br />stands to reason, then, that if Basin Resources, Inc. had liability insurance coverage at the <br />time ofpermit issuance the policy has remained in force notwithstanding its sale to <br />Westmoreland Coal Company and it continues to be covered. Any discrepancies in the <br />reported information (e.g., the "Insured") were voluntarily corrected by Basin Resources, <br />Inc. on August 20, 2007. Accordingly, Basin Resources, Inc. did provide the DRMS with <br />a valid pubic liability insurance certificate for the Golden Eagle Mine; Permit C-81-013, <br />in compliance with Colorado Rule 2.03.9 and no violation occurred. <br />Conclusion: I find that the DRMS did show good cause for taking no further action regarding <br />the two alleged violations in TDN X07-140-116-002, TV2. Specifically, the DRMS <br />demonstrated that Basin Resources, Inc. is in compliance with Colorado Rules 2.08.6 regarding <br />valid permit status, and 2.03.9 requiring a certificate of public liability insurance, and thus the <br />violations do not exist. Accordingly, the DRMS's permitting actions were not azbitrary, <br />capricious or an abuse of discretion under the approved Colorndo program and its response to the <br />TDN was appropriate. Based on the foregoing, the determination of the DFD on September 4, <br />2007 is hereby affirmed. <br />If you do not agree with this decision, you have the right under 43 CFR 4.1280 et sea• to appeal <br />to the Office of Hearings and Appeals. If you wish to appeal this decision, your written notice of <br />appeal must be filed within 20 days from receipt of this decision at the following address: <br />Office of Hearings and Appeals <br />Interior Boazd of Land Appeals <br />801 N. Quincy Street, Suite 300 <br />Arlington, Virginia 22203 <br />Telephone number 703-235-3800 <br />Tn addition, you must send a copy of your notice of appeal to the following two addresses: <br />U.S. Department of the Interior <br />Office of the Solicitor <br />Attn: John Kunz <br />755 Parfet Street, Suite 151 <br />Lakewood, Colorado 80215 <br />Telephone number 303-231-5353 <br />AND <br />U.S. Department of the Interior <br />Office of Surface Mining Reclamation and Enforcement <br />Attn: Allen D. Klein <br />P.O. Box 46667 <br />Denver, Colorado 80201-6667 <br />