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07/26/2007 15:12 7198460159 JIM TATUM PAGE 03 <br />Ms. Cheryl Linden <br />Mr. Dave Berry <br />July 26, 20D7 <br />Page 2 <br />I fully expect the Division to take the appropriate enforcement action, as required by law, <br />against Basin regarding the two violations enumerated above, <br />In our telephone conversation, you indicated that you believed it was allowable fur azr <br />entity other than the applicant to provide insurance coverage for a permit and, also, that the need <br />for the Division to approve a permit transfer in this case was not absolute. Yn„ offered no <br />background or justificatiott for such beliefs. Does the Division, as a normal course of business, <br />allow persons other than the applicant to subrnit insurance certificates for other permit <br />applioations r just ut the case of Basin? Please provide the off cial Division policy/guidance <br />allowing such submittals. Also, please provide a list of all other Division issued permits, from <br />the date of approval of Ure Colorado program, which have been issue,/ ur renewed with an entity <br />other than the applicant as the holder of the liability insurance certificate. <br />Given your knowledge of the information available in the public record regarding the sale of this <br />mine to Westmoreland, what possible additional action or circumstance would have had to occur <br />that would have then required the Division to proceed with a pemut transfer? Has the Division <br />ever approved a permit transfer, assignment or sale of rights granted by a permit? If there have <br />been such appzovals what were the circurrtsuutces involving those pezrtrits'? Please provide a <br />complete list, from the date of approval of the Colorado program, of all permit transfers <br />approved by the Division with atz explanation of ho'~v those transfers differed fro,u the Basin <br />case. <br />If you have any questions regazding the above please feel free to contact me at (713) 937- <br />4599. Howe~er, I do expect you to immediately address the violations that currently exist and to <br />timely, by A~hgust 3rd, provide the informatton requested above. <br />This correspondence is being provided to Lhe Office of Surface Ylining Iceclamatiott anal <br />Enforcement. <br />Very truly yours, ~„_. <br />'Ann i'atum <br />Enclosures <br />cc: Jim Fulton Facsimile: (303) 844-1545 <br />OSM <br />Denver, Colorado <br />I <br />