Laserfiche WebLink
07/26/2007 15:12 <br />7198460159 <br />JIM TATIJM <br />ANN TATUIVI <br />129 NORTH COMMERCIAL S'iTiFET <br />TRINIAAD, COLORADO 81082 <br />Phone:. 719 346-0149 Fax: 719346-01,59 <br />... _ <br />July 19, 2007 <br />Ms. Chexyl.Lindezl ....: <br />Assistant Attorney General <br />1525 Sherman Street, 7d' Floor <br />Denver, Colorado 80203 <br />Facsimile (303) 866-3558 <br />Mr. Dave $exry Facsimile: (303) 832 8106 <br />Division o Reclamation, Mining & Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />RE: --k'ermit C-81-013; Golden Eagle Mine <br />Ms. Linden and Mr. Berry: <br />PAGE 04 <br />R~c~~VF <br />Oiy~ ` ZB?~ O <br />Mi g°rR~~ ~~ <br />~.~„ <br />Mr. Kegley, Legal Counsel for Basin Resources, lac. and Westmoreland Coal <br />Company, has zelated the following: <br />"Basin Resources, Inc. has no assets ox revenue." "Westmoreland Coal Company <br />is not legally responsible for the debts of Basin Resources." Further, Mr. Kegley stated <br />that Basing is "a judgment proof debtor'. It is my belief that similar utterances have been <br />made to 11~r. Bezry by cougsel for Basin Resources. <br />Tb,e current bond that is in place fox the Golden Eagle mine is in the name of <br />Basin Resources and states: <br />Additional Pzovisions: "The amount of tbic hood is based ap°n <br />estimates...and does not operate to lignate, limit, enlarge ar restrict the Principal's <br />(Basin) obligation to complete the reclamation plan and to comply in all respects <br />with the permit and with applicable laws and regulations governing reclamation, <br />even th°ugh the actual cost thereof away substaaHally exceed the amount of this <br />hood." <br />if Basin has no assets and Westmoreland refuses to aclaowledge their <br />responsibilities as the owners and controllers of Basis then who is the Division going to <br />contact if there is a failure of revegetation on the reclaimed mina nr come other <br />unforeseen calamity should occur -such as additional subsidence to our property? The <br />need. to Maintain a nlinesite 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.lCegle~y's statements, who does the Division expect to pay those debts? As you are <br />