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~ Twentymile Coal Company submitted the Pond E (Fish Creek Tipple) certification on January <br />18, 2000, for inclusion into Exhibit 8-5. The original Epp drawing was included for insertion <br />into Exhibit 8-4. Both of these exhibits will be filed in Volume VII of the Fish Creek Tipple. <br />This issue for Pond E (Fish Creek Tipple) is now resolved. <br />66.g) Item 66(g) of DMG's March 2, 1998 adequacy letter was inadvertently re-designated as Item <br />66(k) in DMG's September 10. 1999 adequacy letter. After review of information submitted by <br />/ Twentymile Coal Company on January 18, 2000, item 66.g) has been adequately addressed. <br />67.g) Item 67(g) appears to remain partially unresolved. We apologize for any miscommunication on <br />our part that may have contributed to this. We hope the following will help resolve this matter: <br />With regazd to Rule 2.03.6(1), pertaining to Twentymile Coal Company's right to extract coal at <br />the Foidel Creek Mine, proposed page 2.03-28 (dated 1/I S/00) provides a description of a mining <br />lease from Rocky Mountain Fuel Company (RMFC). The boundaries of this lease are depicted <br />on proposed Map 2, "Coal Ownership" (certified ] 1/12/99). <br />Based upon Map 2, it appears that the RMFC lease exists in two main acreage blocks. These are <br />located principally in Township 5 North, Range 85 West (the smaller block) and in Township 5 <br />North, Range 87 West (the larger block). <br />Both of these blocks are near two sections numbered 19. Section 19, T 5 N, R 85 W lies near the <br />smaller block. Section 19, T 5 N, R 86 W lies near the larger block. Please note that the Section <br />19 that lies near the larger block is not in the same township and range as the larger lease block. <br />The Section 19 that is near the larger lease block is located in T 5 N, R 86 W. The larger lease <br />block is principally located in T 5 N, R 87 W. <br />Based upon our review, it appeazs that two discrepancies exist between the legal description of <br />the RMFC lease as described on proposed page 2.03-28 and the boundaries of the lease as <br />depicted on proposed Map 2. <br />First, proposed Map 2 indicates that a portion of the RMFC lease exists in the W % of the W 'h <br />of Section 19, T 5 N, R 86 W, as depicted by the lease arrow extending from Section 24, T 5 N, <br />R 87 W. Proposed permit page 2.03-28 does not contain a description of the lease within Section <br />19, T SN, R 86 W. <br />Second, proposed Map 2 indicates that a portion of the RMFC lease lies within the NE '/. of the <br />NW '/< of Section 19, T 5 N, R 85 W. Proposed page 2.03-28 appears to indicate that a portion <br />of the lease lies in the NW '/. of the NW % of the same section, rather than the NE '/4 of the NW <br />'/. as apparently depicted on Map 2. <br />Please address these two appazent discrepancies. <br />~ 67.h) /tem 67(h) of DMG's d~arch 2, 1998 adequacy letter, and of DMG's September 10, / 999 <br />adequacy letter. needs further discussion. As proposed page 1.03-29 (dated 11/1/99) notiv <br />indicates that the Option to Purchase Coa! dated 11/l a/83 between Lee L. Dahl and La Von B. <br />Dahl (optioners) and Getty Coal Company (optionee) has not been exercised, it appears that <br />TCC does not possess the full right to enter and extract the coal from this parcel of land. Please <br />C: W H B\C82056\R N03\020100resp. doc <br />