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z L <br />This was not done and is not being required by OSM even though OSM freely <br />admits that Westmoreland is the successor in interest. At 30 CFR 701.5 <br />successor in interest is defined as "any person who succeeds to rights granted <br />under a permit, by transfer, assignment, or sale of those rights." OSM, therefore, <br />has declared that a transfer, assigrunent, or sale of permit rights has, in fact, <br />occurred between Basin and Westmoreland Coal but refuses to acknowledge the <br />regulatory requirement found in both the Colorado Program and Federal <br />Regulations that mandates regulatory authority approval prior to that transaction <br />taking place. <br />WHEREFORE, for the law and reasons cited herein the Tatums seek a decision <br />overturning the decision rendered October 12, 2007 by the United States <br />Department of the Interior Office of Surface Mining. Further, the Golden Eagle <br />Permit, Permit Number, C-81-013 should be in the name of Westmoreland Coal <br />Company, as the Permittee from the date Westmoreland Coal Company <br />purchased Basin Resources, Inc., April 30, 2001. An Order should be issued <br />requiring OSM to take the appropriate action. <br />Date: November 2, 2007 <br />Respectfully submitted, <br />Ann Tatum <br />CERTIFICATE OF SERVICE <br />I HEREBY CERTIFY THAT ON THE _ DAY OF November, 2007 I <br />forwarded a copy of this Appeal to the following by United States mail, postage prepaid <br />and addressed as follows: <br />U.S. Department of the Interior <br />Office of the Solicitor <br />Attn: John Kunz <br />755 Pazfet Street, Suite 151 <br />Lakewood Colorado 80215 <br />U.S. Department of the Interior <br />Office of Surface Mining <br />Attn; Allen D. Klein <br />P.O, Box 4667 <br />Denver, Colorado 80201-6667 <br />,, <br />V <br />Ann Tatum <br />Page 5 of 5 <br />