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ATTACHMENT <br />Seneca II-W Preliminary Adequacy Review <br />Legal, Financial and Compliance -Rule 2.03 <br />1. Under Section 2.03.4(1)(b), Coal Ownership, many of the owners listed <br />are noted with the statement "coal not to be mined". There are two <br />exceptions, coal owned by the BLM and coal owned by Fletcher W. Scott. <br />Mr. Scott has expressed some concern over his mineral rights and the <br />Division believes that Mr. Scott's coal will not be mined. Please <br />verify. <br />2. Under 2.03.4(1)(c), Holders of Easements, Peabody has listed several <br />easements on the property. In a letter dated January 28, 1985, Westgas <br />expressed a concern over two parallel high pressure gas lines that <br />could potentially be affected. The Division assumes that an easement <br />has been granted for these lines and it should be shown as well as <br />addressed. It is also mentioned that Yampa Valley Electric will be <br />installing a powerline. Was an easement or right-of-way granted for <br />this power line? If so, this should also be shown. <br />3. A portion of the haul road easement is listed as being jointly granted <br />to Seneca Coals, Ltd. and Freeman United Electric Coal Companies. What <br />is the relationship or agreement between the two companies? <br />4. In section 2.03.6(1) under File Number 260-030(E), an easement was <br />assigned to W. R. Grace with a reference made to File Number 260-0416. <br />The referenced file was not found. It is stated that Peabody has the <br />right to use the road, however, no information was found to verify the <br />statement. Please clarify. <br />5. In Section 2.03.4(2)(c) it is stated that Peabody is the operator of <br />three joint venture coal mines, however only two are listed. Please <br />calrify. <br />6. On Exhibit 3-4, the haul road is shown extending only to the western <br />boundary of Section 23. The leases list a portion of land owned by <br />Hockett in Section 22 bordering this section that has also been leased <br />for a haul road corridor. Why is this not shown on Exhibit 3-4? In <br />addition, the portion of the haul road for which W. R. Grace holds a <br />lease should be clearly noted. <br />7. The easternmost portion of the haul road corridor lists an easement <br />from Colorado-Ute to Peabody Coal. This is not mentioned in Appendix <br />3-2. Please clarify. <br />