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r . <br />ANN TATCJM <br />,`~ ~° ~ 129 NORTH COMMERCIAL STRE>1;T `,!O <br />' TRINIDAD, COLORADO 81082 ~~v` <br />Phone: 719 846-0149 Fax: 719 846-0159 ~G <br />~v~oo <br />ac~a alert <br />ol<'' pS <br />July 19, 2007 o\J~~fa9aa <br />1vfs. Cheryl Linden Facsimile (303) 866-3558 <br />Assistant Attorney General <br />1525 Sherman Street, 7d' Floor <br />Denver, Colorado 80203 RECEIVED <br />Mr, llave Berry Facshuile: (303) 832 8106 JUL 19 2007 <br />Division of Reclamation, Mining & Safety Division otRecaamation, <br />1313 Sherman Street, Room 215 Mining and Safety <br />Denver, Colorado 80203 <br />RE: Permit C-81-013; Golden Eagle Mine <br />Ms. Linden and Mr. Berry: <br />Mr. Kegley, Legal Counsel for Basin Resources, loc. and Westmoreland Cnal <br />Company, has related the following: <br />"13asin Resources, Inc. has no assets or revenue." "Westmoreland Coal Company <br />is not legally responsible for the debts of Basin Resources." Further, Mr. Kegley stated <br />that Basin is "a judgment proot~debtor'. It is my belief that similar utterances have been <br />made to Mr. Berry by counsel for Basin Resources, <br />The current bond that is in place for the Golden Eagle mine is in the name of <br />Basin Resources and ctates~ <br />Additional Provisions: uThe amount of this bond is based upon <br />estimates...and does not operate to hquate, limit, enlarge or restrict the 1'rincigal's <br />{Basin) obligation to complete the reclamation plan and to comply in all respects <br />with the permit aad with applicable laws and regulaliuus yuvcruiug reclaration, <br />even though the actual cost thereof may subatantialiy exceed the amount of this <br />bond." <br />Tf 8asin has no assets and Westmoreland refuses to aclztowledi;e their <br />responsibilities as the owners and controllers of Basis then who is tkte Division going to <br />contact if there is a failure of revegetation on the reclaimed mine or some other <br />unforeseen calamity should occur -such as additional subsidence to our property'? `1'he <br />need to maintain a minesite until bond release, the obligation to ensure successful <br />reclamation and the liability relative to damages due to subsidence are all debts. Given <br />Mr. Kegley's statements, who does the Division expect to pay those debts? As you are <br />Z0 3Jtid Wf11tll WIL' 69I09b86tL tt~tt L00Z/6SJL0 <br />