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Page 1 of 1 <br />Hernandez, Daniel <br />From: Cramer, Johanna <br />Sent: Tuesday, February 05, 2008 10:01 AM <br />To: Berry, David; Hernandez, Daniel; Brown, Sandy <br />Cc: Gorham, Kent <br />Subject: RE: Golden Eagle Mine Permit Transfer <br />Dan and Kent, <br />There is a reg in the SO section that allows the original permittee to hold the bond for the successor if there is a written <br />agreement between them. Rule 2.08.6(2)(a)(ii). I think we would want to have that written agreement to attach to the <br />bond, probably signed by and notarized by both parties. <br />Thanks David. <br />Johanna Cramer <br />Corporate Compliance/Bonding Specialist <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />303-866-3968 <br />303-832-8106 Fax <br />johanna.cramer@state.co.us <br />From: Berry, David <br />Sent: Monday, February 04, 2008 8:10 PM <br />To: Hernandez, Daniel; Brown, Sandy <br />Cc: Gorham, Kent; Cramer, Johanna <br />Subject: RE: Golden Eagle Mine Permit Transfer <br />I did get a call from Westmorland VP...name escapes me now. He told me of the pending SO submittal. If he <br />mentioned the bond, it did not register, and I did not make any committments regarding bond issues. However, I think <br />the SO reg does have some ofdd language about the transfer of a bond. <br />DB <br />Dave and Sandy - <br />We've received an SO application from Basin Resources Inc to transfer the Golden Eagle Mine to New Elk Coal <br />Company. The cover letter submitted with the SO app states, "The reclamation bond for the Golden Eagle permit will <br />be maintained by Basin Resources, Inc". <br />Johanna and I looked at the Rules, which indicate that only applicants (not third parties) may submit bonds for mine <br />permits. As such, it would seem that we need to inform Basin Resources that we cannot approve their SO app unless <br />a bond is submitted by New Elk Coal Company. Do you both agree? Has anyone at Basin Resources Inc contacted <br />either of you about this SO? <br />Thanks! <br />2/7/2008