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• <br />by the applicant to purchase Mr. James Johnsons farm for mining purposes. <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 <br />similar security deposited in lieu of bond. The applicant has received the <br />following notice of violation during the three year period preceding the application <br />date. <br />NOV No. CV-99-002 was issued on April 4, 1999 for failure to conduct blasting in <br />a manner to prevent damage to public or private property outside the permit area. <br />WFC was initially fined $1,500.00. This fine was reduced to $750.00 after an <br />assessment hearing with DMG personnel. The NOV was terminated on August 2, <br />1999. <br />C7 <br />2.03.6 Right of Entrv and Oaeration 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 <br />legal rights held by Peabody. <br />Attachment 2.03.6-1 at the end of this section presents information where <br />Peabody transferred its rights to all the lease agreements, property deeds to mine <br />coal and rights-of-way agreements to Western Fuels-Colorado, A Limited Liability <br />Company. None of the rights acquired under any of these documents is the <br />subject of pending litigation. This Attachment also includes documents evidencing <br />• (F.zais?d 1? IJOV O1) ~.O~-~7 <br />