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~~ <br />ANN TATUM <br />129 NORTH COMMERCIAL ST. <br />TRINIDAD, COLORADO <br />81082 <br />(719) 846-0149 Facsimile (719) 846-0159 <br />Jnly 27, 2007 <br />Ms. Clteryl Linden <br />Office of the Attomev General <br />1325 Sherman St. Sd' Floor <br />Denver, Colorado 80203 <br />Mr. Dave Berry <br />DRMS <br />1313 Sherman Street, Rm 215 <br />Denver, Colorado 80203 <br />RE: Mr. Berry's letter of 7uly 26, 2007 <br />Ms. Linden and Mr. Berry: <br />Facsin>i3e (303) 866-358 <br />Facsimile (303) 832-8106 <br />RECEIVED <br />JUL 2 T 2007 <br />Division of RaGamation, <br />Mining and Safety <br />I am still waiting receipt of the "attachment" that was to accompany Mr. Berry's <br />letter of this date. Please forward same via facsimile upon receipt of this request. <br />30 CFR §701.5 defines "applicant" as "any person seeking a permit, permit <br />revision, renewal, and transfer assignment or sale of permit rights from a regulatory <br />authority to conduct surface coal mining and reclamation operations or, where required; <br />seeking approval for coal exploration". <br />30 CFR §800.60 -terms and wnditions for liability insurance defines the only <br />conditions whereby the regulatory authority can accept the liability insurance. No where <br />in this requirement is the liability insurance to be accepted in the same of any other <br />person other than the "applicant". The liability insurance presently in effect for the <br />Golden Eagle Mine was issued in the name of Westmoreland Coal Company not Basin <br />Resources, Inc. This is in direct violation of the Federal Regulations and must be <br />corrected IMIvIEDIATELY. <br />For your future reference and information and prior to supplying the name of any <br />other individual who might supply DRMS with information concerning coal mine <br />violators refer to 30 CFR §842.12 (e). While your position was obviously that I did not <br />L'd L99b-L£6-£LL <br />wn3e1 uuy dOl £0 LO LZ Inf <br />