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<br />36. Rule 2.03.6: The description of State Coal Lease CO-3229 on proposed permit page 2.03-
<br />33. l (rev. 2/24/99) does not include the W '/z of the SE'/a of Section 32, T6N, R36W. Map
<br />2, "Coal Ownership" (certified 2/4/00), however, indicates that this lease extends into this
<br />portion of Section 32. Please address this apparent discrepancy.
<br />37. Rule 2.03.6: Development and/or longwall mining is being proposed via PR-0~ in Sections
<br />2, 7, 8, 9, l0, l 1, l3, 14, 15, 16, 17, and 18 of TSN, R86W. Has Twentymile Coal Company
<br />secured approval for any and all necessary State and Federal lease applications in these
<br />sections? If so, please indicate so in TCC's adequacy response letter. If not, please provide
<br />for inclusion into the permit's text a description of those sections (or portions of sections)
<br />for which TCC has yet to receive approva! to enter, and the numbers of the pending State or
<br />Federal leases. Please understand that DIv1G has been directed by the OSM to avoid
<br />conditionally approving applications for permits and permit expansions when applicants do
<br />not demonstrate possession of all necessary rights of entry.
<br />38. Rule 2.03.6: Development and/or longwall mining is being proposed via PR-OS in Sections
<br />2, 7, 8, 9, l0, 11, l3, 14, l5, 16, 17, and l8 of TSN, R86W. Has Twentymile Coal Company
<br />secured all necessary rights to enter and extract coal, including leases, deeds, and options,
<br />from all privately-owned lands within these sections? If so, please indicate so in TCC's
<br />adequacy response letter. If not, please provide for inclusion into the permit's text a
<br />description of those sections (or portions of sections) for which TCC has yet to obtain its
<br />right to enter. Please understand that DMG has been directed by the OSM to avoid
<br />conditionally approving applications for permits and permit expansions when applicants do
<br />not demonstrate possession of all necessary rights of entry.
<br />39. Rule 2.03.7(3): Please provide a statement for inclusion into the permit as to whether TCC,
<br />in conjunction with PR-O5, will conduct or locate surface operations or facilities within 300
<br />feet, measured horizontally, of an occupied dwelling.
<br />Surface operations associated with underground mining operations include, but are not
<br />limited to, roads; water monitoring wells; water treatment facilities; electrical power poles
<br />and substations; storage and maintenance buildings and "yards": ventilation (intake and
<br />exhaust) air shafts and fans; bore holes associated with power drops, grout drops, water
<br />discharges, and rock dust drops; emergency escape shafts and elevators; and boreholes for
<br />emergency provisions ("lunch bucket holes").
<br />Occupied dwellings would include structures occupied by the owners, as well as structures
<br />occupied by renters.
<br />If TCC will conduct or locate surface operations or facilities within 300 feet, measured
<br />horizontally, of an occupied dwelling, then the PR-OS application should contain a written
<br />waiver of the owner of the dwelling which states that the owner and signator had the legal
<br />right to deny mining and knowingly waived that right. The waiver must be knowingly made
<br />and separate from a lease or deed unless the lease or deed contains an explicit waiver.
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