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ti <br />Page 3 of 3 <br />Fulton/TDN X07-140-116-002 TV2 <br />August 23, 2007 <br />Coal Company. Based upon the information available to DRMS at this time, Basin <br />Resources, Inc. is the valid permittee for the Golden Eagle Mine Permit Number C-81- <br />013. Also based upon the information available to the DRMS at this time, Basin <br />Resources, Inc. is a separate corporate entity from Westmoreland Coal Company and is a <br />corporation in good standing with the Colorado Secretary of State (certificate copy <br />attached). <br />It is our understanding that Westmoreland Coal Company purchased Basin Resources, <br />Inc., and is thus listed as a 100% owner of Basin Resources, Inc. in both the Golden <br />Eagle Mine Permit Number C-81-013 and in the OSM Applicant Violator System (AVS). <br />Although we understand that Basin Resources, Inc. is owned by Westmoreland Coal <br />Company, we are not aware of any evidence to indicate that "the rights granted under"the <br />Golden Eagle Mine Permit Number C-81-013 reside with, or are exercised by, any entity <br />other than Basin Resources, Inc. <br />At this time, and in the absence of any evidence that there has been a purported "transfer, <br />assignment or sale of the rights granted under" the Golden Eagle Permit Number C-81- <br />013, we have no legal or factual basis to assert that Basin Resources, Inc. (Golden Eagle <br />Mine Permit Number C-81-013) is in violation of Rule 2.08.6. <br />Based on the facts as outlined above, DRMS disagrees that there is or has been any <br />violation of Rule 2.08.6. Therefore, DRMS respectfully asserts that the facts outlined <br />above indicate good cause to decline issuance of a Notice of Violation in this matter. <br />Thank you for your consideration of this response. Please contact us with any questions. <br />Sincerely, <br />Dav' erry <br />Interim Director, Office of Mined Land Reclamation <br />CC: Cheryl Linden, Office of the Attorney General