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Scncc^ II-W. PR-, <br />Fchru:vy'_'G.1999 <br />P is <br />need to be removed from AVS or, submit [he or~_anizational information required <br />in Regulation 2.03.4(3) to OSM and the Division for Lehman Brothers Merchant <br />Banking Partners, Lehman Brothers Offshore Investment Partners, LBI Group and <br />Co-Investment Partners. <br />l'_. SCC With the most recent submittal SCC provided updated information and exhibits on <br />the surface and mineral ownership of the petlrtit and adjacent areas. Revised Exhibits 3-l, <br />3-2 and 3-3 were submitted and are acceptable. A revised Exhibit 3-4, Easements, was <br />not submitted. This is required by Rule 2.03.6. Right of Entry and Operation Information. <br />Please provide the updated information to include the Seneca Q-W South Expansion <br />Area. <br />Revised page 14 in Tab 14 does not address whether or not a private mineral estate to be <br />mined has been severed from a private surface estate. This information is required by <br />Rule 2.03.6(2) and needs to be addressed.. <br />12a. These questions were raised by OSM during their review of the Federal leases and mine <br />plan approval. Please refer to the attached OSM letter dated February 4, 1999. For each <br />Federal coal lease, the date of execution and description of rights (i.e. What coal seams <br />aze leased?) is needed. This information may be a part of the revised Exhibit 3-4 <br />discussed in the proceeding comment. <br />The typo in the legal description for Federal Lease C-081258 in Appendix 3-4 needs to <br />be revised. Section 27 is noted as containing the NE'/z which should be the NE'/a. <br />Exhibits 3-2 and 3-3, and Appendix 3-3 (Appendices A and B) refer to Overriding <br />Royalty Rights. Please explain what these aze- <br />2.04.10 Veeetation Information <br />13. Response accepted. <br />14. Response accepted. <br />15. Response accepted. <br />2.04.11 Fish and Wildlife Resources Information <br />16. Response accepted. I have been in touch with the Office of Surface Mining regarding <br />this issue. Potential habitat will need to be evaluated, followed up with a field survey to <br />the extent necessary. We will stipulate that the boreal toad survey be conducted prior to <br />disturbance. Because the boreal toad is a state listed endangered species, the Colorado <br />Division of Wildlife will need to be contacted to assist in the survey design. <br />l7. The OSM is evaluating this response. <br />