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(8) Name of Mine: <br />Fruita Loadout <br />MSHA ID No. None Issued <br />(9) The applicant does not hold any interest and does not have any pending bids <br />for land or interests in lands which are contiguous to the area covered by the <br />permit. <br />The Applicant has a right -of -way which crosses Fruita Development LLC <br />properties so it can access the permit area from 15 Road. <br />2.03.5 Compliance Information <br />(1) Neither the applicant nor any subsidiary, affiliate, or persons controlled by or <br />under common control with the applicant has had a Federal or State mining <br />permit suspended or revoked or forfeited a mining bond or similar security <br />deposited in lieu of bond. <br />(2) Not applicable <br />(3) The applicant has not had any violation notice pertaining to any provision of <br />the Act, or of any law, rule or regulation of the United States, or of any State <br />law, rule or regulation enacted pursuant to Federal law, rule or regulation <br />pertaining to air or water environmental protection during the three year <br />period preceding the date of this permit application. <br />2.03.6 Right of Entry and Operation Information <br />(1) The Applicant owns most of the land where the loadout will be located. The <br />documents confirming ownership are located in Volume 1, Tab 1. The <br />General Warranty Deed contains a legal description of the majority of the <br />permit area. It also describes an access easement granting right of entry to <br />the Operator. The Easement and Reaffirmation Agreement confirms the <br />width of the easement, the Center Easement, is 30 feet. There is a portion <br />Permit Application 2.03 -5 07/11 <br />