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The Division has no further concerns. BRL revised Map 1 and pages 2.03-2 through 2.03-6 of <br />Volume 7, in the submittal dated June 15, 2004. <br />Rule 2.03.5 <br />8. Under Rule 2.03.5(3) on revised page t 2 of the SO-4 submittal, it is stated that there have not <br />been any violations in the last three years, However, the Division's records show that Notice of <br />Violation CY-1001-003 was issued on 03/06/01 and that Notice of Violation CV-2001-006 was <br />issued on 04/16/01. Please update this section of the submittal. <br />The Division has no further concerns. Rule 2.03.5(3) applies to the applicant of the Succession of <br />Operator, which is Bowie Resources LLC and not Bowie Resources Limited. BRL stated that <br />Bowie Resources LLC does not have any violations issued to them. <br />Rule 2.03.6 <br />9. On revised page L5 of Section 2.03.6 of the SO-4 submittal, !t is stated that the right of entries that <br />are listed in Section 2.03.6 were transferred from Bowie Resources Limited to Bowie Resources <br />LLC through the asset purchase agreement. However, some of these transfers may require <br />approvals from third parties. One example is the assignment of the various BLM leases which still <br />need to be approved by BLM <br />/n order to avoid any confusion, please revise the text in Section 2.03.6 to describe how each right <br />ofentry was transferred to Bowie Resources LLC and whether all necessary approvals for these <br />transfers have been obtained. The right ofentry issue needs to be resolved before there is a <br />proposed decision on the Succession of Operator submittal. The Division can not stipulate any <br />right ofentry. <br />BRL provided revised pages I S through 23 of Section 2.03.6 in Volume 1, in the submittal dated <br />June 15, 2004. In the same submittal, BRL provided Map 9-6 and a revised Table of Contents for <br />Volume 9. The Division has one comment and two additional questions: <br />a. As of the date of this letter, and as stated on page 15 of Section 2.03 of BRL's June 15, 2004 <br />submittal, the transfer of the Federal coal leases has not yet been approved by the Bureau of <br />Land management. <br />b. The June 15, 2004 submittal included a letter from the Bureau of Land Management (BLM), <br />dated March 5, 2004, that shows the approval of the assignment of certain Federal rights-of- <br />way from Bowie Resources Limited to Bowie Resources LLC. However, several of the rights- <br />of-way listed in this letter do not appear in the list ofright-of--entry information in Section <br />2.03.6 on pages 20 through 23. The right-of--way serial numbers are COC-22266, COC-52672, <br />COC-63617 and COC-66873. Conversely, there are several rights-of--way listed in Section <br />2.03.6 that do not appear in the BLM letter dated March 5, 2004. These are numbered in <br />Section 2.03.6 as 3, 4, 5, 6, 9, 11, 14, 2l and 22. Please explain and revise accordingly. <br />c. As required in Rule 2.03.6(1), please add a statement in Section 2.03.6 as to whether any of <br />the listed right-of-entries are the subject of pending litigation. <br />