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Second Adequacy Review La Plata No. 1 Mine May 11, 1987 A. Concerns which must be resolved prior to any decision lication Section 2.03 (Rules 2.03.4 t omp lance n ormation h 2.03.10; Legal, Financial 1. The Division must find that La Plata Coal has legal right to enter on all areas proposed to be mined or disturbed. There are inconsistencies between the text and the referenced maps with regard to coal ownership. a. The legal description of the coal lease with the Sarvers does not correspond to the areas depicted on Map 2. In particular, the coal lease addresses SW/4 NW/4 Section 28 and SE/4 NE/4 and N/2 SE/4 of Section 29 is leased from the Sarvers; however, Map 2 specifies these areas are "Owned by La Plata Coal Corporation". La Plata Coal needs to address this discrepancy. b. A deed is presented in Exhibit 1 between the Pflegings and Dugan Production Corporation but the referenced Exhibit A is not attached nor is any information presented on Map 2. La Plata Coal needs to provide the missing exhibit and depict these areas on this map. c. Two portions of the proposed permit area (one area being where the portals are located) are depicted on Map 2 as being "Mineral rights being purchased from La Plata County, Colorado". Prior to the Division being able to render a decision, documentation to right of access to this coal must be submitted by La Plata Coal. 2. In addition to the information in Exhibit 1, La Plata Coal needs to specifically address how the documents convey La Plata Coal the legal right to operate on the surface and mine coal (see Rule 2.03.6(1) on Page 59 of the regulations). 3. The bottom two-thirds of Page 1 of the lease with the Sarvers is missing. Please submit this missing information. 4. The last sentence of Exhibit B of the deed with the Leech's discusses "Marketability will be guaranteed beginning March 22, 1987, provided that no steps have at that time been initiated to set aside or to otherwise impair the effect or validity of the Decree...". Please clarify whether the deed has been finally executed or whether any claims have been filed against the deed.