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(3) Same as (2) above. Map 3, Volume II is a plan map showing the <br />locations of all drill holes on a topographic map. <br />(4) To our knowledge, the Colorado Department of Health NPDES Permit <br />No. CO-0041751 was included as number 5 of the 7 permits filed in <br />Exhibit C. <br />15) and (6) The other two Dermits shown in Exhibit C as 6 and 7, <br />(identified as numbers 87LA219(1) and (2)) have expired. These <br />were air emission permits issued in January 1988, and whose terms <br />were 18 months. These permits were extended to April 4, 1992 on <br />October 9, 1990. On page 3 of Permit 87LA219(2) it is stated that <br />the extraction of coal shall not exceed 200 tons/day and 36,000 <br />tons/year. The MLRD permit application is for 30,000 tons/year. <br />Neither the air emission permit or the MLRD permit is fora 2 acre <br />site or mine. <br />(71 This is a county issue, as addressed above. <br />(8) MSHA ID #05-04246 is the 4th of 7 documents filed under Exhibit C. <br />See contents typed on tab sheet of Exhibit C heading. <br />(9) The Air Pollution Emissions and Fugitive Dust Permits are discussed <br />under (5) and (6) of this section. These permits were issued in <br />January 1988 and were not obtained using criteria submitted for the <br />2 acre permit as the letter implies. <br />(10) Explosives are to be delivered by a licensed dealer, and placed in <br />approved magazines furnished by the dealer. The applicant, <br />William T. Davis, has a Certified Blaster's certificate from the <br />Colorado Division of Mines, No. B-18-87. The approved Dlan for <br />blasting is found in the permit application, Volume I page 4.08.4. <br />It was reviewed by the Division and found to be in compliance. <br />Prior to storage of any explosives on site, the application will be <br />required to obtain the permit to store, transect and use explosives <br />form the Colorado Division of Mines. <br />(11) The NPDES Permit issued by Colorado Department of Health has <br />already been addressed in (4) above. <br />Rule 2.03.12 - Newspaper Advertisement <br />The public notice was performed in accordance with Rule 2.07.3(21, <br />Exhibit D contains the appropriate public notices. Proof of proper <br />publications are on file with the Division. <br />Rule 2.04.4 - Cultural and Historic Resource Information <br />The information provided satisfies the requirements of the Act and Rules <br />for private lands. <br />- 4 - <br />