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subject to the requirements of whatever surface agreement is in place between Union Cellular and the <br />Ellgens. The railroad communication structure is also located on the Ellgen's property and is the <br />responsibility of the Union Pacific Railroad Company. Given that the identified structures are owned by <br />and are the responsibility of the identified entities, Empire is not responsible for their reclamation and <br />reclamation plans for these structures are not necessary or required. A brief paragraph identifying these <br />structures and describing ownership and responsibility for maintenance and reclamation has been added to <br />the PAP text. A copy of the revised page accompanies these responses. <br />6. A partially reclaimed drill pad (Feature No. 23 from the November 18-19, 2004 inspection) was <br />identifted at SW~/a S '/a Section 25, T6N, R92W. This pad was partially vegetated, The center <br />(approximately 25 foot diameter circle) remains bare. This pad correlates to the location of drillhole <br />TR-10, identified on CX-126-07 Drillhole map. Additional seeding is necessary on this pad to <br />establish permanent vegetation on the bare area. <br />Response: To the extent that the identified drill-pad is within an area where right-of-entry and access are <br />not disputed, Empire will complete limited seedbed preparation, so as not to disturb any existing <br />vegetation, and reseed the drill-pad. This activity will be completed in conjunction with planned site <br />activities during the next year <br />Items Previously Identified in a Letter Dated October 21. 2004. Which Have Been Resolved by <br />Empire <br />7. RAG-EC/BTt7-Empire consulted tke Moffat County assessor's office for current land ownership of <br />property within the permit area and adjacent property owners. RAG-EC/BTZI-Empire identified <br />several owners not found in the PAP, Werrdalyn Crawford, Robert and Jennifer Schriever Dunn, <br />William and Faye McKutte, and Robert mid Ronald Steele, were included in the adjacent property <br />owner notifzcation list. Please update the PAP and surface ownership or coal ownership maps to <br />include the new land or coal owners. <br />Response: Empire submitted additional adequacy responses on January 24, 2005. Proposed revised permit <br />pages 2.03-15 through 2.03-20 were provided with the updated landowners and updated addresses. Map 1, <br />Eagle Mines Surface Ownership, was also provided with the updated ownership information. No additional <br />information is needed for Adequacy Item 7. <br />8. 77ze Division noted tltai outdated addresses were used when RAG-EC/BTU-Empire sent notiftcations <br />to Mr. Jeffery Herrick, Greeley band mid Coal Company, and Mr. Robert A. Mitchell. Please <br />provide proof tlwt RAG-EC/BTU-Empire has notified these surface or coal owners using the updated <br />addresses provided in MR-44. <br />Response: Empire provided copies of certified mail receipts from Mr. Herrick, Mr. Mitchell, and <br />Greeley Land and Coal in the information received by the Division January 24, 2005. This response <br />adequately answets the Division's concern. No additional information is needed for Adequacy Item 8. <br />9. RAG-EC/BTU-Empire updated SL-02 Map 1 "Liability Release Areas" to include "only areas <br />overlying or within the angle of draw of the historic mine workings mtd within the current permit <br />boundaries. " Please only include those surface areas t12at overly underground workings or that <br />would fall within the projected angle of draw. <br />Liability Release Response - No. 3 3 12/07/05 <br />