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07/26/2007 15:12 7198460159 JIM <br />05 <br />7uly l9, ?007 <br />Parte 2 <br />... ... <br />-, <br />... <br />au1fu11 aware, most m_ r <br />required reclamation shoui~g hoods aze woefully inadequate to cover the. full cost of <br />d the pcrmittce claim bauk,tuptcy. And aren't the statements <br />of Basin's legal representative tantamount to claiming bankruptcy? <br />Finally, the coal regulations require that the applicant submit and the applicant <br />maintain a inability insurance certificate throughout the life of the permit. Westmoreland <br />submitted such a certificate in its name - net Basin's. How can the Division accept such <br />a double standard? By law, $asin has not met its obligations to secure, in its' name, the <br />reyuucd policy. Why has there not been an enforcement action to require compliance. <br />Whax if there was an injury ,or death on the property. Westmoreland claims no <br />responsibility for the mice, L?o you think the current policy is worth the papet it is <br />written on7 <br />In April, 2001, Westmoreland purchased Basin Resources, with permit C-81-013; <br />Golden Eagle Mine, specifically identified in the sale. As such, ail rights contained <br />within the pemlits previously held by Basin were sold to Westmoreland, Nat oztly did <br />Westmoreland become the owner and controller of the permit, as has been verified <br />through the AV5 system, bat U1ey atso became the successor in interest to the rights <br />granted by that pemtit Why, therefore, did the Division fail to approve an official permit <br />transfer as required by law9 <br />As yeu know, damage associated with mine subsidence can nrcur again and <br />again. It is not a one shot deal. That is why the regulations specifically address the fact <br />that the permittee is responsible for dlamages even if the performance bond is released by <br />the regulatory authority. We have experienced damage frotn mine subsidence more than <br />once. Who will we tuna to in the future for compensation under the coal law? <br />The Division is now aware of the subsidence liabilities associated with the Golden <br />Fagle Mine. You are also now aware o£ the inappropriate liability insurance certificate <br />on file for the permit. You have also been appzised, by )3asin/Westmoreland council, that <br />Basin allegedly has neither assets nor revenue and Westmorelaud claims no responsibility <br />for debts of Basin. What more does the Division need to finally require Westmoreland to <br />take responsibility under this permit as zequired by law? <br />It is imperative that the Division commence immediate action to require a <br />trnnafcr of pcxrnit C-81-O1S from Bashi to Washuurcltuid mtroactive to the date of sale. <br />The bond needs to be increased to address the likely occurrence of future damage due to <br />subsidence. The liability insurance needs to comport with the "permittee" to encore <br />adequate coverage. I cannot stress enough the urgency of this matter. To ignore Basin's <br />latest utterances of their inability to perform per the Aci, State, and Federal requirements <br />