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C- 2010 -089 PAR Part 1 <br />New Horizon North Mine <br />23- Dec -2010 <br />Page 4 of 21 <br />The permit lists three land owners with whom WFC is discussing future mining of their <br />properties. In addition to the names, please provide the map designation numbers for each <br />property involved. <br />2.03.5 - Compliance Information <br />During 2010, the applicant was issued two separate violations by the Division. Please revise <br />the Compliance Information section to include violations CV- 2010 -002 and CV- 2010 -003. <br />2.03.6 - Right of Entry and Operation Information <br />1. The first sentence of Subsection 2.03.6(1) requires that the application contain a complete <br />and detailed legal description of the proposed permit boundary. <br />a) A legal description of the permit area has been provided, but it appears in the application <br />as Attachment 2.03.8 -1, using numbering which is incongruous with the rules. Please <br />rename the legal description as Attachment 2.03.6 -1, and include a brief description of the <br />permit area in the text, e.g. "the area to be mined consists of three parcels located in the W/2 <br />of Section 25, bounded by Montrose County Roads Z, 26.00, AA, and 26.50 ... the permit <br />area also includes an equipment corridor connecting the NHN permit area to the New <br />Horizon Mine permit area, crossing lands own by WFC..." <br />b) The legal description does not clarify whether the proposed mining area in the W 1 /2 of <br />Section 25 is exclusive of the four County Road rights -of -way that circumscribe the area. <br />The permit boundary, as depicted on Map 2.04.3 -1 (and others) appears to incorporate the <br />entirety of the 1 /2- section, including portions of the four County Roads. Please review the <br />information provided with the permit, to ensure that it represents WFC's intentions. If the <br />county roads are to be included within the permit boundary, please provide supporting <br />documentation from Montrose County agreeing to such incorporation. If the roads are not to <br />be incorporated into the permit area, please revise the permit boundary, maps, and legal <br />description accordingly. (The Division suggests that the permit boundary be established at <br />or outside of the County Road rights -of -way, and that the disturbed area boundary be fixed <br />at 100' (minimum) from the right -of -way.) <br />2. Subsection 2.03.6(1) requires the application to contain a description of the documents upon <br />which the applicant bases its legal right to enter and begin mining. This description is also <br />to identify the documents by type and date of execution, etc. Leases, etc. are provided in <br />Attachment 2.03.6 -1. Please include a description of these documents within the permit <br />text, as required by 2.03.6(1), and renumber the attachment with the leases to be Att. 2.03.6- <br />2. <br />3. Rule 2.03.6(2) addresses the situation where the mineral estate has been severed from the <br />surface estate. Please add a narrative to this section of the permit addressing the subject of <br />severance of mineral estate(s) for the Garvey property (and any others) and directing the <br />reader to corresponding document(s) in the Attachment. <br />2.03.7 - Relationship to Areas Designated Unsuitable for Mining <br />1. The application includes a statement under 2.03.7(2) regarding the contractual obligation to <br />provide coal to the Nucla Generating Station. The purpose of this rule is only to address <br />