Laserfiche WebLink
ANN TATIIM <br />129 NORTH COMMERCIAL, STREET <br />TRINIDAD, COLORADO 81082 <br />Phone: 719 846-0149 Fax: 719 84ti-0159 <br />July 19, 2007 <br />Ms. Cheryl Linden Facsimile (303) 866-3558 <br />Assistant Attorney Crenernl <br />1525 Sherman Street, 7~' Flvor <br />Denver, Colorado 80203 <br />Mr,l7ave Berry Facsimile: (303} 832 810ti <br />Division of Reclamation, Mining & Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />RE: Permit C-81-013; Golden Eagle Mine <br />Ms. Linden and Mr.l3erry: <br />G~~~~O <br />A av~OO~ <br />C'~~ o`~ea5~~ <br />Q~~~~~o9eo <br />RECEBVED <br />JU! 19 2001 <br />Division of Reclamation, <br />Mining and Safety <br />Mr. Kegley, Legal Counsel for Basin Resources, Inc. and Westmoreland Cnal <br />Company, has related the follovring: <br />"Basin 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 proof debtor'. It is my belief that sltnilar utterances have been <br />made to Mr. Berry by counsel for Basin Resources. <br />The current bond that is in place far the Golden Eagle mine is in the name of <br />$asin Resrniraes and atate~: <br />Additional Provisions: "The amount of this bond is based upon <br />estimates...and does not operate to lignate, Iimii; enlarge or restrict the Principal's <br />(Basin) obligation to complete the reclamation plan and to comply in all respects <br />with the permit aad 'wlth applicable laws and regulaiiuus yuveruiug reclamation, <br />even though the actual cost thereof may substantialiy exceed the amount of this <br />bond." <br />Tf Basin has no assets and Westmoreland refuses to aclazowledge 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 revegetafion on the reclaimed mine or some other <br />unforeseen catamiry should occur -such as additional subsidence to our property'? The <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 39tid Wflltil WIP 69109b66tL rt:IS L00Z/6t/L0 <br />