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of leasehold interest in the property or coal to be mined by surface coal mining activities, or <br />• for underground mining activities, in the area to be affected by surface operations and <br />facilities incidental there to. <br />e o s <br />Page 2.03-4 has been modified to reflect the wording from 2.03.4(6)(b) concerning <br />leaseholders of record. <br />23. Several pages of compliance information were provided in Exhibit 1, pages 96-135. Please <br />provide the information required by Sections 2.03.5(3)(c), (d), (e), and (f). <br />Res onse <br />Pages 96 through 135 have been replaced with pages 96-135r. This revised information <br />includes Addington Enterprises' latest information on compliance history. All violations <br />identified on pages 96-135e have been terminated except for those identified on pages 135e <br />through 135r. <br />24. Please provide a metes and bounds description of the proposed permit boundary [Section <br />2.03.6(1)]. This could possibly be obtained from pertinent sections of the various tract <br />descriptions provided in Exhibit 2. <br />ne <br />The legal description for the permit area is contained in Exhibit 2. <br />25. The proposed Lorencito Canyon railroad spur and loadout aze discussed on pages 2.05-30 <br />and 2.05-40. Please provide a description of the documents upon which Lorencito Coal <br />Company bases its right to construct the junction of the spur to the main rail line, its right <br />to shuttle coal by train from the Lorencito Canyon Mine to the New Elk processing facility, <br />and its right to transport processed coal from the New Elk facility to the City of Trinidad. <br />Please ensure, pursuant to Section 2.03.6 of the Boazd's Regulations, that this description <br />identifies these documents by type and date of execution, identifies the specific lands to <br />which these documents pertain, explains the legal rights claimed by the applicant, and <br />discusses whether those rights are the subject of pending litigation. <br />ResQ9nse <br />This submittal includes an addition to Exhibit 2 which documents LCC's rights to railroad <br />spur construction and transport of coal on Trinidad Railway Inc. lines. A pending transfer <br />of ownership to Trinidad Railway Holding LLC is also described. <br />• 26. It is stated on page 2.03-7 of the application that Lorencito Coal Company does not intend <br />to conduct surface mining activities, or to conduct or locate surface operations or facilities, <br />