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<br />ANN TATUM <br />129 NORTH COMMERCIAL ST. <br />TRINIDAD, COLORADO 81082 <br />(719) 846-0149; (713) 724-0998 Facsimile (719) 846-0159 <br />August 1, 2007 <br />Ms. Cheryl Linden <br />Office of the Attorney General <br />1525 Sherman St. 5`" Floor <br />Denver, Colorado 80203 <br />Mr. Dave Berry <br />DRMS <br />1313 Sherman Street, Rm 215 <br />Denver, Colorado 80203 <br />RE: Westmoreland/Basin <br />Ms. Linden and Mr. Berry: <br />Facsimile (303) 866-3558 <br />Facsimile (303) 832-8106 <br />The State of Colorado has issued permit transfers at the rate of approximately one <br />per year since the "Act" was established. Please advise how the statutory requirements <br />for those permit transfers differ from the Westmoreland purchase of Basin Resources, <br />Inc. <br />30 CFR § 701.5 defines Transfer, Assignment or Sale of Permit Rights - "means <br />a change in oi.Nnership or other effective control over the right to conduct surface coal <br />mining operations under a permit issued by the regulatory authority". 30 CFR §774.17 <br />Paragraph (a) requires DRMS's written authority to the sale, transfer or assignment of the <br />Golden Eagle Permit. Please provide me a complete copy of DRMS written authority <br />allowing the transfer, sale or assignment of the Golden Eagle Permit rights to <br />Westmoreland Coal Company. 30 CFR § 701.5 defines Successor in Interest "means any <br />person who succeeds to rights granted under permit, by transfer, assignment, or sale of <br />those rights". Westmoreland Coal Company is the successor in interest of the Golden <br />Eagle Permit. <br />The Notice to Regulatory Agencies attached to my July 27, 2007 letter states "... <br />associated with the change of control of Basin, such change of control being effective as <br />of the date indicated above." The date indicated is April 30, 2001. Further the notice <br />states, that Westmoreland Coal Company or Basin will contact the regulatory agencies to <br />discuss the change of control. Did DRMS receive the attached notice? Did such <br />discussions take place? If so what was the outcome of these discussions? <br />Z'd L99V-LC6-C LL <br />wnjel uuv d?S:ZO LO 60 6nv