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C- 2010 -089 PAR No. 2 <br />New Horizon North Mine <br />9- Sep -2011 <br />Page 2 of 25 <br />purchase the surface and coal held by the Meehans once the mining permit is approved <br />by the Division. WFC must demonstrate legal right of entry prior to the Division <br />issuing a proposed decision. <br />WFC Response: As discussed in the February 1 2011 meeting with DRMS in Grand <br />Junction, a copy of the warranty deed granted by Meehans to WFC will be submitted to <br />DRMS during the publication and comment period of DRMS's proposed decision to <br />approve the NHN Mine permit. <br />DRMS: Formal completion of the warranty deed is required before the DRMS will <br />issue the permit. <br />6. 2.03.4(7) — Surface and subsurface ownership contiguous to permit area <br />a) Response accepted. <br />b) All parts of this item have been resolved, with the exception of parcel 49, which is still <br />listed in the Section 2.03.4(7) Oil, Gas and Mineral ownership for contiguous parcels. <br />Please remove parcel 49 from the list. <br />c) The listing of lessees was deleted from the Oil, Gas and Minerals section of 2.03.4(7), <br />but still remains in the Surface section. Please delete the lists of lessees from the <br />Surface section of 2.03.4(7). <br />d) Tables at the bottom of Maps 2.03.4 -1 and 2.03.4 -2 identify several properties for <br />• which WFC is the lessee. Several of the parcels listed appear to be those within the <br />New Horizon (NH2) permit area. Please remove lease information that does not pertain <br />to the NHN permit. <br />Lessee designation for the NH2 Mine parcels was not deleted as requested. On Map <br />2.03.4 -1, please delete the Surface Lessee entries for parcels 1, 41 and 43. On Map <br />2.03.4 -2, please delete the Minerals Lessee entries for parcels 41 and 42. <br />7. Subsection 2.03.4(9) — Applicant's interests in lands contiguous to permit area <br />Response accepted. <br />2.03.5 - Compliance Information <br />1. Response accepted. <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) and b) Responses accepted. <br />2. Response accepted. <br />3. Response accepted. <br />1. Response accepted. <br />2.03.7 - Relationship to Areas Designated Unsuitable for Mining <br />