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<br />Mr. Derry Ferguson - 3 - p~` June 21, 1993 <br />l.~ Rule 2.03.4(3)(c) requires a description of the date~e <br />~~ ~' owner/controllers assumed their positions withi applicant's <br />~ ~,,\~ corporate structure. Only Noel Pautsky is identified here (with no <br />position date). Sandra Pautsky should be listed, and her position date <br />'' ~h~~ described. <br />issuance, for operations owned or previously-owned by the applicant. The <br />application gives the name of a mine in Oklahoma, but none of the <br />N a ;/~" information listed above. se review this rule, as there may be no <br />Jr need to provide a respo a if t sale of the Oklahoma operatlons <br />y~-~' occurred far enough in a pas . <br />2.03.4(4) requires the applicant to identify other coal mining operations <br />i y~ owned by the applicant or by any person owing or controlling the <br />~~, l ~ applicant. The applicant responded to this question by listing "Oakridge <br />~~J" Energy, Inc.", which is not approprate. <br />`~1 ~ v <br />O~- Applicant should commit to 2.03.4(5). <br />~,~ ~ 2.03.4(6) requires a listing of owners of property to be mined and of <br />coal to be mined, listing of leaseholders of the property or the coal, <br />and listing of people under contract to own the property or the coal. <br />This needs to be readdressed, in view of the BLM tract recently <br />~~~ ~A d~ntified as being within the permit area. <br />p,~ 1 The Applicant states "owners of record of adjacent area are as <br />1'.~~'~ follows..." Rule 2.03.4(7) requires identification of owners of <br />V~~~~ ~ subsurface areas contiguous to permit area as well. This should be <br />c1~` addressed. <br />Rule 2.03.5(1) requires a discussion of whether OEI, its subsidiaries, <br />affiliates or owner/controllers have ever (a) had a permit revoked in the <br />;,/ last five years prior to application submission, or (b) had to forfeit a <br />~~ 1 bond. The applicant states "Applicant has never had a permit revoked, <br />\hll~- except as stated below." The applicant goes on to say "Neither has <br />VV applicant forfeited a bond". In this same paragraph, applicant states <br />"OEI...is now proceeding with a third five-year permit." All of these <br />statements appear inappropriate. The applicant should remove language <br />stating it has never had a permit revoked nor a bond forfeited, and <br />should remove language regarding permit renewal. This is an application <br />for an entirely new permit. <br />G' <br />S,y' Rule 2.03.5(2) requires the applicant to provide a statement of the facts <br />`til involving permit suspension or revocation, or bond forfeiture. <br />IN` 1 c ` Applicant's response was "Not applicable". This is inaccurate. Please <br />No~N\ \ address. <br />~'~ er`' Rule 2.03.5(3) requires the applicant to (1) list all NOVs received by <br />ff~ti"' applicant during 3 years prior to the date the application was submitted, <br />~r for any violation of the State Act, or ~ Federal law, rule or <br />L.,. regulation, or a~ other State law, rule or regulation pertaining to air <br />or water protection in connection with coal mining, and (2) a list of all <br />unabated C.O.'s and unabated air & water quality NOVs received by <br />applicant or owner/controllers of the applicant. <br />111:' 2.03.4(3)(d) requires the applicant to provide an employer identification <br />~ number Federal or State Permit Number and MSHA number with dates of <br />