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2.03.5(3) <br />(3)(b) The violation was issued for failure to clearly <br />mark the perimeter of the affected area of the coal <br />loadout crescent which is located east of the <br />Roaring Fork River. <br />(3)(c) There were no administrate or judicial proceedings <br />initiated concerning the violation. <br />(3)(d) The violation has been abated. <br />(3)(e) The applicant marked the perimeter of the affected <br />area of the coal loadout. <br />(3)(f) The notice of violation was abated by the Colorado <br />Mined Land Reclamation Division on February 15, <br />1992. A civil penalty of $500 was assessed by the <br />Colorado Mined Land Reclamation Division and paid <br />by the Applicant. <br />(4) Not applicable. <br />2.03.6 Riaht of Entry and Operation Information <br />(1) The applicant's right to utilize the surface for <br />reclamation purposes is not the subject of pending <br />litigation. <br />The applicant does not intend to mine coal from the <br />property, therefore information regarding the <br />Applicant's right to mine coal is not pertinent to <br />the application. <br />The documents upon which the Applicant bases its <br />legal right to conduct surface coal mining opera- <br />tions are as follows. <br />Access and Surface Use Agreement between Blue <br />Ribbon Coal Company and Kaiser Coal Corporation <br />dated December 18, 1986 which was assigned to <br />MINREC, INC., by a certain Assignment Agreement on <br />February 10, 1990. Somerset Mining Company <br />ratified and consented to the assignment by a <br />certain Ratification and Consent to Assignment <br />Agreement dated January 22, 1990. <br />9 <br />(07-03-92) <br />