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mine went to his wife, Gloria Davis. She became the sole proprietor as documented in the Affidavit of Luty Gloria Davis. In October, 1992 Rimrock Coal Company filed for incorporation. For business purposes Mr. Waters explained it was necessary to incorporate while coal was being extracted. There was never any distinction of the incorporated status by using an Inc. or other designation in the name of Rimrock Coal Company. According to Mr. Waters there were dual entities associated with the name of Rimrock Coal Company, the sole proprietorship and the corporation. Gloria Davis maintained ownership of the mine using Landmark Reclamation as the operator. Mining operations lasted only about three months. At that point in time, Rimrock asked Landmark to complete reclamation as required by the permit. On May 18, 7994 Rimrock Coal Company signed an agreement with Fishers Peak Land Company and Landmark Reclamation, Inc. titled Agreement for Purchase and Sale of Real and Personal Propertv. Mr. Waters maintained that Rimrock Coal Company retained their obligations as permittee despite provisions in the agreement that indicate all permitting responsibilities became the obligation of Landmark Reclamation. In summary, Mr. Waters contends there was no reason to transfer the permit because it has always been held by Rimrock Coal Company, a sole proprietorship, Gloria Davis is the responsible party for the permit. I questioned whether dual entities, a sole proprietorship and corporation, with the same name and individuals could co-exist. According to the Attorney General's Office the answer is no, in some circumstances. Here it appears that formation of the corporation was an extension of the sole proprietorship and that the corporation was in effect the mining operation. The Division was never notified of the fact that Rimrock had incorporated and that the corporation was essentially controlling the mining operation. The name of the sole proprietorship and the name of the corporation remained the same. In addition, the sole proprietorship never requested a transfer of the permit. Under these circumstances, particularly the lack of notification, the sole proprietorship remains liable under the permit. Another issue arises from the May 19, 1994 Agreement for Purchase and Sale of Real and Personal Propertv of Rimrock Coal Company, the corporation, with Fisher Land Company and Landmark Reclamation. The agreement conveyed land ownership to Fisher and the permitting obligations and reclamation responsibility to Landmark. Rimrock, the sole proprietorship, did not request transfer of the permit from the Division and the Division was not notified of the agreement. Therefore, as stated above, the sole proprietorship remains liable under the permit. Based on the above discussion, I recommend that the NOV be vacated. Gloria Davis is the responsible party associated with Rimrock Coal Company. As sole proprietor, she is liable for all permitting and reclamation obligations.