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<br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmehi of Natural Resources <br />1313 Sherman $r., Ruom 215 <br />Denver, Colorario 80203 <br />Phone: 13031 866-3567 <br />FA%:13031832-8106 <br />July 8, 1994 <br />Gary W. Wendt <br />Manager, Environmental Affairs <br />Peabody Western Coal Company <br />1300 South Yale Street <br />Flagstaff, Arizona 86001 <br />RE: Seneca II and II-W Mines (C-80-005 SO-Ol and C-82-057 SO-O1) <br />Transfer of Permits <br />Dear Mr. Wendt: <br />lames 5. Lochhead <br />Ezeculive Director <br />Michael B. Long <br />Division Director <br />In correspondence dated July 6, 1994, the Division stated that we would apprise PWCC of the <br />results of a compliance review to determine whether the transfer to Seneca Coal Company <br />would be approved. Based on our review, we have the following concerns. <br />W. Howard Carson is listed in the Applicant Violator System (AVS) as a Vice President <br />and Director of Peabody Coal Company (PCC) with a starting date of February 17, 1993. <br />The permit applications list W. Howard Carson as a Vice President. Please inform the <br />Division if W. Howard Carson is or was a Director of Peabody Coal Company. If he was <br />a Director of PCC and is no loner, the Division needs documentation of his resignation <br />or a copy of the corporate meeting minutes when this decision was made. Please submit <br />this information. <br />2. Peabody Holding Company, Inc. (PHC) is listed in the AVS as the 100% share holder <br />of Peabody Coal Company. In the revised permit applications, Peabody Holding <br />Company, Inc. is listed as an owner of Peabody Coal Company. Please clarify whether <br />PHC continues to own 100% of the shares of PCC. <br />3. HM Holdings is listed in the AVS as the owner of Peabody Holding Company. The <br />permit application packages contain no reference to HM Holdings. Please include HM <br />Holdings and any other parent corporations in the identification of interest sections of <br />the packages. <br />4. Page 3-13 of the Seneca II Mine application lists the Resident Agent of the mine as the <br />Corporation System. The Resident Agent of the Seneca II-W Mine is listed as the <br />Corporation Company in the Seneca II-W Mine application. Please clarify this <br />discrepancy. <br />5. An initial query of the AVS resulted in a recommendation of the system that the Division <br />conditionally issue the transfers. The condition is resolution of a notice of violation <br />III IIIIIIIIIIIII III <br />999 <br />STATE OF COLORADO <br />I~~ <br />DEPARTMEIVr OI <br />NATURAL <br />RESOURCE <br />Roy Romer <br />Governor <br />