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<br /> <br />Preliminary Adequacy Review for the Coal Gulch Mine <br />C-84-067 <br />Format and Supplemental Information -Rule 2,03.3 <br />1. The applicant must file an additional copy of the complete permit <br />application to the Division to bring the total number of copies to five. <br />Identification of Interests -Rule 2.03.4 <br />The applicant needs to clarify why the Pierces' are designated as <br />owners of record of coal to be mined. According to the proposed mine <br />plan, mining will not take place where the Pierces own coal. <br />The applicant needs to clarify the legal standing regarding the lease <br />between Peerless Resources and the Arness-McGriffin Goal Company. One <br />of the principals of the Arness-McGriffin Coal Company has communicated <br />to the Division that the legality of the lease is in question and will <br />be contested in legal jurisdiction. Prior to the Division being able <br />to grant a permit the right-of-entry information must be provided and <br />found to be satisfactory. <br />The State of Colorado Coal Mining Lease 465/13-5 expired on January 14, <br />1985. The applicant must provide a copy of anew lease or prove to the <br />Division that they have legal right-to-enter and mine this coal. <br />4. The applicant needs to provide the addresses for all owners of record <br />of surface areas and underground subsurface areas contiguous to the <br />proposed permit area. <br />The applicant needs to provide a statement within the application which <br />delineates all lands, interests in lands, options, or pending bids on <br />interests held or made by the applicant for lands which are contiguous <br />to the area to be covered by the permit. <br />Compliance Information - 2.03.5 <br />1. The applicant needs to provide additional information on the <br />enforcement actions listed in the application. The applicant needs to <br />provide the date of issuance and identity of the issuing regulatory <br />authority, department or agency; a brief description of the particular <br />violation alleged in the notice; the date, location and type of any <br />administrative or judicial proceedings initiated concerning the <br />violation, including but not limited to, proceedings initiated by the <br />applicant to obtain administrative or judicial review of the <br />violations; the current status of the proceedings and of the violations <br />the actions, if any, taken by the applicant to abate the violation; <br />and the final resolution of any notice of violation. Additionally, <br />Peerless Resources needs to include the cessation order recently issued <br />to the Coal Gulch Exploration Project, CX-191-00, including all the <br />aforementioned information. <br />