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the summer of 2007 (Exhibit C) with regard to the Permittee named on the Golden Eagle Mine Permit number C-81-013 located in Weston, l,as Animas County, Colorado. (a copy of the permit is attached hereto and incorporated for all purposes, and marked as Exhibit D) See F~chibit D 3. The Surface Mining Control and Reclamation Act (SMCRA) of 1977 were amended and final rules became effective on 7anuary 18, 2001. To paraphrase one section of these rules that can be found in the Federal RegisterNolume 65 December 19, 2000 page 79621: Discussion took place concerning permit eligibility criteria. One such commenter asserted that a parent company which owns or controls a subsidiary does not necessarily own or control the operations of the subsidiary. The government disagreed and stated: ,Page 79621 Federal Register Vol. 65 second column, fmal paragraph: "We disagree. This argument was advanced and rejected in NMA v DOI IL If the parent company owns or controls the subsidiary under the definitions we adopt today, the parent company, de facto, also owns or controls the subsidiary's operations. In upholding our previous construction of section 51 D(c), which on this point we import Into this final rule, the D,L: Carcuit explained that our view is "consistent with, if not mandated by the statutory language, which as noted, applied to any violating operations controlCed by the appluant, not only those directed by him. Accordingly, the agency's construction must be upheld " SMCR.A. Therefore, according to SMCR-A, Westmoreland Coal Company is the responsible entity for aIl obligations of Basin, 4 CFR 30 §701.5 de#ines Control or controIier, when used in parts 773, 774, and 778 and § 843.21 to mean "Any other person who has the ability, alone or in concert with others, to determine, indirectly or directly, the manner in which a surface coal mining operation is conducted. Examples. of persons who may, but do not necessarily meet this criterion include (i) The president, an officer, a director, or an agent of the entity; (ivl Any entity with officers or directors in common with another entity dependine neon the extent of overlap; (vi} A person who contributes capital or other working resources under conditions that allow that person to substantially influence the manner in which a surface coal mining operation is or will be conducted. Relevant contributions of capital or working resources include, but are not limited to (C) Personally guaranteeing the reclamation bond in anticipation of a future profit or loss from surface coal mining operations. Own, owner, or ownership, as used in parts 773,'774, and 778 and § 843.21 means being sole proprietor or possessntg or controlling in excess of SO percent of the voting securities or other instrtunents of ownership of an entity." The State of Colorado utilizes the same definitions. "iv) Anv entity with officers or directors in common with another entity, deoendlne neon the extent of overlap" is a key element in this matter. Page 2 of S