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C- 2010 -089 PAR Part 1 <br />New Horizon North Mine <br />23- Dec -2010 <br />Page 2 of 21 <br />In preparing WFC's response to the Division's PAR, please follow the same organizational and <br />numbering format used.herein. <br />2.03 — LEGAL, FINANCIAL, COMPLIANCE AND RELATED INFORMATION <br />In the introductory paragraph of Section 2.03, please refer the reader to the detailed mining <br />and permitting history requested under Section 2.04.3, below. The introduction here may be <br />shortened, as desired. <br />2.03.4 - Identification of Interests <br />1. 2.03.4 2 — Applicant, resident agent, payment ofAML reclamation fee <br />a) In 2.03.4(2)(a) and (b), the Applicant and Applicant's resident agent listed in the <br />application are different than what was provided with the application form which <br />accompanied the application. Please review these two documents, and revise as <br />warranted. <br />b) Under 2.03.4(2)(c), the zip code listed for Nucla is 80124. The correct zip code is <br />81424. Please provide the correct zip code. <br />2. 2.03.4 (3) — Ownership and control of the applicant <br />a) In 2.03.4(3)(a), the five members of WFC's Board of Managers are identified. Please <br />delete the office information (President, etc.) from this section, as it is already provided <br />in 2.03.4(3)(b). <br />b) 2.03.4(3)(b) lists Tri-State Generation and Transmission Association, Inc. as having <br />99% ownership of the applicant and Western Fuels Association, Inc. as owning 1 %. <br />Following that entry is a list of 44 individuals. It is not clear from the application how <br />these individuals are related to the applicant. Please provide additional information <br />regarding these individuals are they connected with Tri -State and/or Western Fuels? <br />3. 2.03.4 (4) — Coal mining operations owned or controlled by applicant or owners /controllers <br />a) 2.03.4(4)(a) —The rule number is incorrectly shown as "20.034(4)(a)" —please revise to <br />read "2.03.4(4)(a) ". <br />b) Three coal mines are listed as being owned or controlled by persons associate with the <br />Applicant: Dry Fork (Wyoming), New Horizon, and Trapper. Information provided for <br />the New Horizon Mine is incomplete. For the New Horizon Mine, please add that the <br />Permit No. is C- 1981 -008, issued by the Colorado MLRB, and also provide the Date of <br />Issuance of the MSHA No. <br />4. 2.03.4L5) — Updates to 2.03.4(1) thru 2.03.4(4) <br />Rather than stating that this section is "Not Applicable ", please provide a statement saying <br />that the information provided under 2.03.4(1) through (4) will be reviewed and updated or <br />corrected as necessary following approval and prior to the permit being issued. <br />5. 2.034(6) — Owners, leaseholders, purchasers of record <br />a) Rule 2.03.4(6)(a) requires the names and addresses of legal or equitable owners of <br />record of surface and coal to be mined. The permit application lists three individual <br />