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NUCLA PR NO. 2 <br /> Response: <br /> Peabody purchased the Tooker property on October 22, 1987. Therefore, <br /> it is included on Exhibits 3-1 and 3-2 under lands owned by Peabody. To <br /> be consistent, reference to the purchase has been deleted from page <br /> 3-122. <br /> Comment: <br /> 4. Peabody must provide the Division with proof that Montrose County <br /> has approved of the Nucla East permit area being within 100' of <br /> County Road BB and that the other requirements of Rule <br /> 2.07.6(2)(d) (iv) have been satisfied. <br /> Response: <br /> In response to this comment, the permit boundary along County Road BB <br /> has been moved approximately 250 feet south of the road (see revised <br /> Exhibit 12-3) . Since the permit boundary is outside the 100 foot buffer <br /> as specified in Rule 2.07.6(2)(d(iv) , this comment is no longer <br /> applicable. <br /> Comment: <br /> 5. Peabody must provide the Division with proof that all owners of <br /> occupied dwellings within 300' of the Nucla East permit boundary <br /> have signed written waivers consenting to surface coal operations <br /> closer than 300' to their dwellings. This request is in accordance <br /> with Rule 2.07.6(2)(d)(v) . <br /> Response: <br /> By modifying the permit south of County Road BB as shown on Exhibit <br /> 12-3, all occupied dwellings north of County Road BB are outside of the <br /> 300 foot distanc specified in Rule 2.07.6(2)(d)(v) . All other occupied <br /> dwellings within 300 feet of the operation are included in lands in <br /> which Peabody either owns or has a right to mine under coal mining <br /> leases. The only exception to this situation are those residences east <br /> of County Road 2800 which are within 300 feet of the permit boundary. <br /> Waivers are currently being distributed to these individuals and will be <br /> submitted to the Division upon receipt. <br /> Tab 5 - Cultural Resources <br /> Comment: <br /> The Division received a May 24, 1988 letter from the Colorado <br /> Historical Society addressing the Society's review of reports <br /> prepared by Nickens & Associates for Tracts IIA, III , and six drill <br /> sites. The Society has specified there are no areas eligible to <br /> the National Register of Historic Places thereby concurring with <br /> Nickens & Associates findings. <br /> 3 <br />