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Peabody Sage Creek Mining, LLC. <br />Page 2 <br />February 5, 2016 <br />8. Please revise Table 1-2 of Exhibit 2.03.5-E1 to list the actions, if any, taken by the applicant to <br />abate the violations listed in accordance with Rule 2.03.5(3)(e). <br />2.03.6 — Right of Entry and Operation Information <br />9. The legal description of the permit area provided on proposed revised pages 2.03-14 and 15 <br />indicates the permit area included all of Section 22 of Township 5 North, Range 87 West of the <br />6' Principle Meridian; however it does not appear the permit area encompasses all of Section 22. <br />Please revise accordingly. <br />10. The legal description of the permit area provided on proposed revised pages 2.03-14 and 15 <br />indicates the permit area includes portions of Section 23 of Township 5 North, Range 87 West of <br />the 6' Principle Meridian; however it does not appear the permit area encompasses any of <br />Section 23. Please revise accordingly. <br />2.03.9 — Personal Iniury and Property Damage Insurance Information <br />11. The applicant did not supply an updated copy of a certificate of liability insurance to be included <br />in Exhibit 2.03.9-E1. The cover letter to MR28 indicates at the time of closing of the sale a <br />revised insurance certificate will be submitted. Prior to the approval of MR28 the applicant must <br />submit an updated insurance certificate meeting the requirements of Rule 2.03.9. <br />2.03.10 — Identification of Other Licenses and Permits <br />12. For each of the other permits and licenses listed in this section of the permit, please provide the <br />date of approval or disapproval by each issuing authority in accordance with Rule 2.03.10(4). <br />Rule 2.07.7 — Conditions of Permits <br />13. Rule 2.07.7(9) requires continuous, uninterrupted bond coverage at all times and an adequate <br />bond amount must be maintained pursuant to the requirements of Rule 3.02.2. The cover letter to <br />MR28 indicates at the time of closing of the sale a revised bond will be submitted. Prior to the <br />approval of MR28, a new Performance Bond will need to be submitted by the applicant and <br />approved by the Division. <br />Pagination <br />14. Currently there are 22 pages within section 2.03 of the permit. Currently page 2.03-22 is a copy <br />of the proposed public notice for the site. The proposed revised pages from MR28; 2.03-10 to 20, <br />do not include a new proposed public notice. Given this, there will not be a page 2.03-21 if <br />MR28 is approved as is. Please update the pagination as necessary so a page is not missing or <br />skipped. <br />This concludes the Division's preliminary review of MR28. The Division is required to issue a <br />decision on the application by February 15, 2016. All of the adequacy review items will need to <br />be addressed to the satisfaction of the Division prior to the approval of the MR. If you need <br />additional time to address the Division's concerns, please request an extension of the decision <br />date. <br />