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02/06/2009 19:26 3032315360 REG SOLICITOR DENVER PAGE 04/09
<br />fEB. 6, 2008 ~,18P'M USDI IBIA ~u, o~t[o r, ~~ ~
<br />
<br />IBLA 2008 24
<br />because Westmoreland, rather ~~ ERI, should be the named permittee,3 Sec SOR,
<br />Ex. H.
<br />OSM issued
<br />In aiccordanca with 30 C.F.R § 842.11(b)(1), on August 3, 2007,
<br />TDN X07-14U-116-002 to DRM9 statinS that it. had reason to believe that BRA was in
<br />violation of twa State regulations at its Golden Eagle Mine. OSM identified
<br />Violatian .l as a.fsilurc to have a valid DRMS written approval for the Hermit, as
<br />xequired~b~y Colorado Rule 2.08.6, tlrled "Transfer, Assigxsnc~ent or Sale of Permit
<br />g~ght,, OSNi required that DR.NLS provide it with a valid writtten approval for the
<br />permit.
<br />In .a letter dated August 23, 2007, DBMS informed OSM that the information
<br />available to it showed that BRI was the valid permittee. It stated that BRI is a
<br />separate corporate entity from. Westmoreland and, according to thr Colorado
<br />3eeretary of State, is a corporation to good standing. It noted that westtnoxeland
<br />purchaseci BRl and is listed as a 7,00% owner of BRI in the permit and in OSM's
<br />Applicant; Violater System (AVS) • It stated, however, that it was `mot aware of nay
<br />eviderlee to indicate that `the rights $~~d undes' the Golden Eagle Permit C-81-013
<br />reside wil'th, or are exercised by, any entity other' thazi $asin Resources, Inc.' URMS
<br />found no violation of Colorado Rule 2.OR.6 and staffed that it had shown~good cause
<br />for not taping nay further action. .
<br />After OSM receives a response from the State regulatory authority, OSM is
<br />required to males a written deteraunatlon whether that re5paase meets the standard
<br />s 'The 1 :ter refers to 30 C.F.A. § 701,5 which sets forth the following definitions:
<br />p~wtt, owner, or ownership, as used in j30 C:F.R.a parts 773, 774, and
<br />T.78 and § 843,21 of this chapter (except when used in the context of
<br />a,rvnersllip of real propezty), means being a sole proprietor or
<br />p~~ssessing or controlling is excess of 50 percent of the voting securities
<br />o:r other iUStruments of ownership of an entity is anted
<br />Successor in Interest means any person who succeeds to xigh gr.
<br />under a pert, by tYa~atsfer, ~sigzvment, ar sale of those rights. .
<br />Transfer, assig-tment; ar saie of permit rtgltts means a change of
<br />ovanerslxip or other effcetivc control oven the right to conduct surface
<br />azining operations under a permit issued by the regulatory authoritiy
<br />4 That State zegulatioa contains at subsection (1) essentially the same language as
<br />which provides; "No transfer, asszgntnent, or sale
<br />30 C.F,I~. § 774.17, 5uta5eCtioII (a),
<br />of righos granted by a permit shall be made wid~,out the prior watten approval of the
<br />regulatory authority." In his decxsi ~, ~ ~ and s no 1e ss cetfF.~ective than 3`0 oCFRado
<br />Rule 2.!)$.6 esseiieially murazs th
<br />774.17•" Decision at 5.
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