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Following is our response to the specific items identified in §1.04 (83a) of the state <br /> regulations: <br /> §1.04 (83a) Owned or controlled"and "owns and controls"means any one or a <br /> combination of the relationships specified in paragraphs (a) and (b) of this <br /> definition - <br /> (a)(1) Being a permittee of a surface coal mining operation;' <br /> Response: Permit C-81-017 has been revoked. No permit application has been <br /> filed, none is pending. <br /> The permit was issued to and 'held by Mid-Continent Resources, and there was <br /> no successor permittee. <br /> (2) based on instruments of ownership or voting securities, owning of record in <br /> excess of 50 percent of an entity, <br /> Response: Ownership of the mine site property, excepting mineral rights, and all <br /> assets of Mid-Continent Resources are subject to claims of secured and <br /> unsecured creditors. <br /> Ownership of Mid-Continent Resources is as indicated in the approved permit, <br /> Vol. 1, Chapter 1. <br /> (3) having any other relationship which gives one person authority directly or <br /> indirectly to determine the manner in which an applicant, an operator, and other <br /> entity conducts surface coal mining operations. <br /> Res onse: There is no applicant, and no operator engaged surface coal mining <br /> operations.2 <br /> ' (91) "Permittee"means a person holding a permit. <br /> 2 Note definitions, as contained in § 1.04 of the regulations: <br /> (11) "Applicant."Any person who seeks to obtain exploration approval or <br /> a permit." <br /> (80) "Operator is any person engaged in surface coal mining and <br /> reclamation operations who removes or intends to remove more than 250 <br /> tons of coal from the earth or from coal refuse piles within 12 consecutive <br /> calendar months in any one location." <br /> 2 <br />