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. ,: <br />ANN TATUM <br />129 NORTH COMMERCIAL STREET <br />TRINIDAD, COLORADO 81082 <br />Phone: 719 846-0149 Fax: 719 846-0159 <br />July 20, 2007 <br />Ms. Cheryl Linden <br />Assistant Attorney General <br />1525 Sherman Street, 7°i F'locr <br />Denver, Colorado 80203 <br />Facsimile (303) 866-3558 <br />Mr. Dave Berry Facsimile: (303) 832 8106 <br />Division of Reclamation, Mining cPr. STfety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado $0203 <br />RE: Permit C-81-013; Golden Eagle Mine <br />Ms. Linden and Mr. Berry: <br />With reference to my Ietter of yesterday and my brief telephone conversation with <br />Mr. Berry please make note of the following: <br />A. Insolvency of Basin does not need to be proven by the State; <br />B. 1 he issue is that no entity can sell a permit with regulatory approval; <br />C. The Golden Eagle permit has been sold; <br />D. Tht State nerds to send a permit revision lcttcr or order to <br />BasinlWestmoreland allowing them 2 weeks to submit a permit revision <br />aPPlicatinn fnr a Permit transfer; <br />E. Absent their timely compliance the State must then proceed with a Notice <br />of Violation. <br />In 2001 Westmoreland become the owner and controller of the penxiit, as has <br />been verified through the AVS system, but they also became the Successor in tnterest to <br />the rights granted by that permit. <br />If you locate a liability insurance certificate on file for the permit in the name of <br />Rasin Pleace forward a copy to my office. <br />Again, I cannot stress enough the urgency of this matter. To ignore Basin's latest <br />utterances of their inability to perform per the Act, State, and Federal requirements leaves <br />Z0 3Jdd Wllltil WIP 6ST09t86TL G5~lI LOHZ/0'~/L0 <br />