Laserfiche WebLink
ANN TATUM <br />129 NORTH COMMERCIAL STREET <br />TRINIDAI),..CULO,RADO 81082 <br />Phone: 719 846-0149 Faa'719 84b-0]59 <br />Apri14, 2007 <br />Mr. Dave Berry Facsimile (303) 832 8106 <br />Division o#' Reclamation, Mining 8r Safety <br />1313 Sherman Street, Room 215 <br />Dcnver, Culurado 80203 ~ <br />Ms. Cheryl Linden Facsimile (303) 866-5691 <br />Office of the Attorney Creneral ~ <br />1525 Sherman Street, Sa` Floor <br />Denver,. Colorado 80203 <br />RE: Westmoreland Coal Company: Request for Ownership Determination <br />Apperance Ly Telephune April 11'" <br />Ms. Linden and Mr. Berry: <br />Per my letter of April 2, 2007 you were advised that the hearing scheduled for <br />April 11-12N would constitute a problem for me as our daughter had, a, bone marrow <br />transplant and I will be taking care of her in Austin Texas for a few weeks, If Tim and I <br />can appear by telephone on April 11'~ ,Jim will be in Trinidad, 1 ill be in Austin, we <br />can proceed with the hearin~. Jim has previously scheduled depose ons with an out-of- <br />state deponent on April l2 and would Lc unavailable by telepho~. Please advise. I <br />would provide an exhibit book for Ms. Linden, Mr. Bianco and the Board if we are to <br />proceed by telephone. <br />I believe that it is critical for DBMS to update and correct the definition of the <br />Westmoreland entity that is currently recorded with the Applicant 'Violator System. <br />Presently, DBMS reports that WesKmoreland Coal Company is a "shareholder" of Basin <br />Resvuncs, Inc. CFR 30 §701.5 defines Control or controller, when used in parts 773, <br />774, and 778 and § 843.21 to mean (5) "Any other person who has the ability, alone <br />or in concert with others, to dete~wiut, indirectly or directly, the manner in which <br />a surface coal mining operation is conducted. Examples of persons who may, but <br />do not necessarily meet this criterion include (i) The president, nn officer, a director, <br />or an agent of the entity; (iv) Aay entity with officers or directors in common with <br />another entity, depending upon the extent of overlap; (vi) A perann who contribntes <br />capital or other working resources under conditions that allpw that person to <br />substantially influence the manner in which a surface coat mining operation is nr <br />will be conducted. Relevant contributions of capital or working resources include, <br />Z0 3~t/d Wflltil WIC 65S09b86LL 95~LS L001/b0/b0 <br />