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NUCLA PR NO. 2 <br /> Comment: <br /> B. Page 3-14 header specifies ". . .Contiguous Owners. ." when in fact <br /> any owner, whether his land is contiguous to or within the permit <br /> area, is listed. The listing in this section should be solely <br /> limited to contiguous owners since other owners are presented on <br /> previous pages. <br /> Response: <br /> Pages 3-14 through 3-15c have also been revised to include only those <br /> entities which are contiguous (or nearly contiguous) to the permit <br /> boundary. <br /> Comment: <br /> C. The text on pages 3-14 to 3-15c lists 38 different entities whereas <br /> referenced Exhibits 3-1 and 3-2 address 39 entities. Please verify <br /> the accuracy of this information. <br /> Response: <br /> Pages 3-14 through 3-15c have been revised to be consistent with <br /> Exhibits 3-1 and 3-2. Minor discrepancies on Exhibits 3-1 and 3-2 have <br /> also been corrected. <br /> Comment: <br /> 2. On pages 3-4 and 3-6, a point is made after listing Esther E. <br /> Staats that there is a "Peabody Coal Company Purchase Agreement. " <br /> The Division is unsure of this terminology. Does Peabody have <br /> legal right of entry? <br /> Response: <br /> At the time of the submittal of Permit Revision No. 2, Peabody had a <br /> signed purchase agreement with Esther E. Staats. This document was an <br /> agreement to sell . Subsequently, Peabody has completed the purchase of <br /> this property and now owns both the surface and mineral rights. This <br /> purchase was finalized on July 14, 1988. Pages 3-4, 3-6, 3-122, and <br /> Exhibits 3-1 and 3-2 have been revised to reflect the current ownership. <br /> Comment: <br /> 3. Attachment 3-11 lists the various legal agreements Peabody has to <br /> substantiate legal right of entry. Arlen E. & Helen V. Tooker are <br /> listed under 262-022 Purchase, however, they cannot be located on <br /> either Exhibit 3-1 or 3-2. Please modify the application <br /> accordingly. <br /> 2 <br />