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• 2.03.4(8) Not applicable. Active Mine <br />2.03.4(9) Maps 2.03.4-1 and 2.03.4-2 show the areas contiguous to the permit boundary <br />owned by the applicant. <br />2.03.5 Compliance Information <br />Neither the applicant nor a subsidiary or affiliate or persons controlled by or under <br />common control with the applicant has (a) had a Federal or State mining permit <br />suspended or revoked in the last five years; or (b) forfeited a mining bond or similar <br />security deposited in lieu of bond. The applicant received a notice of violation, <br />datedl4 Aug 2002, for an unauthorized variation in sec 4.08.3 Public Notification of <br />Blasting Schedule of the Colorado Mined Land Reclamation Board Regulations. For <br />the purpose of determining the''/2 mile radius from blasting for neighbor notification, <br />the applicant used the centerpoint of the blasting area, as described in the Blast <br />Schedule published as a Public Notice. The CDMG believes that using the blast <br />• area perimeter is more appropriate, hence the notice of violation. WFC has <br />subsequently modified its procedures to use the blast perimeter for determining the <br />notification radius. <br />2.03.6 Right of Entry and Operation Information <br />2.03.6(1) Attachment 3-11 of the New Horizon 1 Mine Reclamation Permit presents <br />information. concerning the lease agreements or property deeds to mine coal and <br />rights-of-way agreements to enter the mine area. This information describes the <br />legal rights under which Peabody, the previous owner, was permitted to enter and <br />begin surface mining activities. They further specifically identify the type and date <br />of execution, specific lands to which each document pertains, and explain the legal <br />rights held by Peabody. <br />Attachment 2.03.6-1 at the end of this section presents information where Peabody <br />transferred its rights to all the lease agreements, property deeds to mine coal and <br />• rights-of-way agreements to Western Fuels-Colorado, A Limited Liability Company. <br />(Revised August 2006) 2.03-34 <br />