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<br /> <br />Mr. Mike Long <br />December 14, 1992 <br />Page 3 <br />owner's permit are directly applicable to this <br />application, and no significant changes in the <br />requirements and restrictions placed on the previous <br />owners' permit by the DMG are expected. <br />As you review this application, please keep the following <br />in mind. Closure of the Asset Purchase Agreement is <br />partly contingent upon timely filing and processing of <br />this application. For this reason, certain limited <br />information normally contained in a permit application <br />primarily related to the transfer of deeds and titles and <br />therefore to the right of entry, can not be provided <br />until closure occurs. The inability to provide <br />information at the time of filing of this Permit <br />Application Package that is contingent upon closure of <br />sale and title transfer was discussed with DMG during the <br />previously referenced meetings and telephone <br />conversations. It was agreed by the DMG that the <br />application would not be rejected on the basis of <br />completeness, and that review could proceed without <br />delay. The application will be promptly updated as such <br />information becomes available. Peabody believes the <br />required information can be provided within 30 days <br />following the filing of this application. <br />Information regarding the loadout facility has been <br />substantially reorganized in comparison to the previous <br />owner's application, and contemporaneous information has <br />been added where necessary. For example, a topsoil <br />inventory was conducted to improve the post-operational <br />soil reconstruction plan, the revegetation plan was <br />enhanced to be more compatible with pre-construction land <br />uses, and the bond calculation was redone to improve cost <br />estimates. I trust that these improvements will assist <br />the Division in completing a timely review of the <br />application and expedite permit issuance. <br />It should be also be noted that the original disturbance <br />acreage reported in the application for Permit No. C-80- <br />003 was 54 acres. Peabody's analysis of affected lands <br />has resulted in identification of additional acres of <br />disturbance associated with construction and operation of <br />