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02/06/2008 18:26 3032315360 REG SOLICITOR DENVER PAGE <br />FEB. 6, 2008 4:18PM USDI IBLA iuv, o~tto r, ~~ u <br />IHI,A 2008 24 <br />because Westmoreland, rather than BRI, should be the named permittee,3 Sec SOR, <br />Ex. H. <br />In accordance with 30 C.F.R. § 842.11(b) (1), on August 3, 2007, OSM issued <br />TDN X07-140-'116-002 to DRMS statng that it. had xeasoa to believe that BRl was in <br />violation of two state xegulatio~os at its Golden Eagle Mine. OSM identified <br />Violation 1 as a.failurc to have a valid DBMS written approval for the permit, as <br />xegtaired~by Colorado Rule 2.08.6, titled "Transfer, Assigx~~t or Sale of Pernatt <br />Rights, O5M required that DR.M,S provide it with a valid written approval for the <br />permit. <br />In a letter dated August 23, 2007, DRMS it~tormed OSM that the information <br />available to it showed that HRI was the valid permittee. It stated that BRI is a <br />separate corporate entity from. Westmoreland and, according to thn Colorado <br />Secretary of State, is a corporation izt good standing. it noted that Westmoreland <br />Purchased BRl atld is listed as a 7,00% owner of SRI in the permit and in OSM's <br />Applicant Violator System (AVS) . It stated, however, that it was `Knot aware of any <br />evideriee to indicate that `the rights granted under' the Golden Eagle Permit C~BRIMOS 3 <br />reside with, or are exercised by, any entity ether' than Basin Resources, Inc. <br />Iuurnd no violation of Colorado Rule 2.09.6 and stated that it had shown~good cause <br />for not talang au7 further action. . <br />After 4SM receives a response from the State regulatory authority, OSM 3s <br />Yeq~ed to make a written determination whether that response meets the standard <br />3 xhe letter refers to 30 C.F.R. § 7015 which sets forth the following definitions: <br />774, and <br />Owt~ owner, or ownership, as used in j30 C:F.R.a parts 773, <br />778 and § 843.21 of this chapter' (except when used in the context of <br />ownership of real property), means being a sole proprietor or <br />possessing or controlling in excess of 50 percent of the voting securities <br />or other instruments of ownership of asi entfry. <br />Successor in interest means nay person who succeeds to rights granted <br />under a pezmtit, vY transfer, a~sigmment, or salt of those xigb~tS_ <br />Trat'tsfer, pssigriment, or safe of permit rights means a change o£ <br />ownership or other effective control ovaz the right to conduct suxface <br />mining operations under a permit issued by the regulatory authority. <br />4 That State regulation contains at subsection (1) essentially the acme language as <br />30 C.F,R. § 774.17, subsection (a}, ~~ provides: "No transfer, assignment, or sale <br />of rights granted by a pmt shall be saadc without the prior written approval of the <br />regulatory authority " In his detah'sion~, tthe wed ~ ~o ~s ~eri~ than 3'0 oCFRado <br />Rule 2.08.6 esseul~ally motors <br />774.17." Decision at S . <br />3 <br />@4/09 <br />