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ti <br />OFFICE OF HEARING AND APPEALS J~`~-%;'~ <br />INTERIOR BOARD OF LAND APPEALS -~~~ <br />JIM AND ANN TATUM APPEAL LD.#TDN X07-140-116-002,TV2 (/ <br />Date of Decision: October 12, 2007 <br />Vs. <br />U.S. DEPARTMENT OF THE INTERIOR <br />OFFICE OF SURFACE MINING AND RECLAMATION <br />DENVER,COLORADO <br />APPEAL <br />Comes now, Jim and Ann Tatum, hereinafter referred to as "Tatums" complaining <br />of the October 12, 2007 decision rendered by the United States Department of the <br />Interior, Office of Surface Mining, Denver Colorado. <br />BACKGROUND: <br />1. Westmoreland Coal Company purchased Montana Power and their subsidiaries <br />on April 30, 2001. Basin Resources, Inc. (Basin) was a subsidiary of Montana <br />Power. The Department of the Interior Applicant Violator System (AVS) Office <br />shows that Westmoreland Coal Company is the 100% shareholder, owner, and <br />controller of Basin (a copy of Applicant Violator System Organizational Family <br />Tree is attached hereto, incorporated for all purposes, and marked as Exhibit A). <br />See Exhibit A. <br />Westmoreland Coal Company continues to represent to the Colorado Division of <br />Reclamation, Mining and Safety and the United States Department of the Interior, <br />Office of Surface Mining that Westmoreland Coal Company is not the responsible <br />entity for Basin Resources, Inc. This is a subterfuge and is not borne out by the <br />Code of Federal Rules for Coal Mining law, the AVS system, and defies all <br />definitions per CFR 30 §701.5. According to the Surface Mining Control and <br />Reclamation Act (SMCRA), Westmoreland Coal Company is the responsible <br />entity for Basin Resources, Inc. Westmoreland Coal Company should be the <br />named permittee on the Permit made the issue of this Appeal. <br />A copy of the September 10, 2007 letter to Mr. Al HIein, Regional Director of the <br />Denver, United States Department of Interior, Office of Surface Mining is herein <br />attached and incorporated for all purposes as Exhibit B. See Exhibit B. <br />ARGUMENT/ STATEMENT OF REASONS <br />2. Tatums contacted the Colorado Division of Reclamation, Mining and Safety in <br />Page 1 of 5 <br />