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07(2612007 15:12 7198460159 JIM TATUM ANN TATUM .129 NORTII COMMERC)(AL STREET TRINIDAA, COLORADO 81082 Phone: 719 84G-Ula9 Fes. 719 84G-0159 July 26, X007 Ms. Cheryl Linden Office of the Attorney General 1525 Sherman Street, Ss' Floor Denver, Colorado 80203 PAGE 02 ~~ ~G ~i~ 49~'~P~ ~OO `^ S~ ~d4 ,i `Oi o0 Facsimile: (303) 566-3558 Mi, Dave Berry Division of Reclamation, Mining & Safety 1313 5hc•.rman Street, Room 215 Denver, Colorado 80203 Dear Ms. Linden and Mr. Berry, Facsimile: (3U3) 83Z-t31U6 In my correspondence dated July 19s' and 20a' 2007, copies enclosed, I enumerated numerous concerns regarding the failure of Basin to seek and obtain approval for their sale of permit rights to Westmoreland Coal Couipaiiy iir 2001. I also reminded you ofthe fact that Basin, as the applicant, does not have a liability insurance policy in effect for the Golden 1/agle Mine permit. as required by law. In a telephone conversation on July 25, ?007 you informed me that you did not believe the Division would be taking any additional action regarding these issues. "Therefore, based on your reluctance to handle this matter outside of the official channe~s, I submit the following as a formal citizen complaint: I 1) Be3in Resources, without regulatory authority autlrorizatioii, suld the pcrrtrit rights to Westmoreland Coal Co. who now constitutes the illegal successor in interest. Public tecords of the sale of the permit to Westmoreland are available, and have been since 2001. Basin is in violation of the requirement to obtain the written approval of the regulatory authority prior to the transfer, assignment, or sale of permit rights. 2) Basin Resources, as the applicant, was required by law to submit as part of its permit application a liability insurance policy ui the name of the applicant. The term "applicant" is used in the liability insurance regulation, not friend, acquaintance or even owner/controller, Applicant is defined as "any pcr3on necking a pcrrttit, pcrmit transfer, renewal, and transfer, assigtunent, or sale of permit rights from a regulatory authority to conduct surface coal mitring and reclamation operations..." Westmoreland Cnal Company has not yet been identified as an "applicant" for the Golden Eagle Mine. Therefore, this permit is without a valid liability insurance policy. $asirt is in violation`of the requirement to have a valid insurance policy, in i.ts name, £or the Golden Eagle Mine.