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2.03.6 Right of Entry and Operational Information <br />(1) The documents shown in Exhibit 1, Right of Entry Documents, show <br />the legal right which Terror Creek LLC has to enter and use the permit <br />area. This document shows that the Terror Creek LLC owns the <br />surface facilities. Lease arrangements have been completed with the <br />Union Pacific (formerly Denver and Rio Grande Western Railroad) <br />company for use of the adjacent railroad right-of-way for loadout <br />purposes. <br />(2) No surface mining is planned therefore the issue of the private mineral <br />estate being severed from the private surface estate is not applicable. <br />2.03.7 Personal Injury and Property Damage Insurance Information <br />(1) The permit area is not within an area designated unsuitable for surface <br />mining activities as defined in Rule 7 or 30 CFR 764 and 765, or under <br />study for designation in an administrative proceeding under Rule 7 or <br />30 CFR 764 and 765. <br />(2) Not applicable. <br />(3) Not applicable. <br />2.03.8 Permit Term Information <br />The life of the Terror Creek Loadout is expected to be at least 15 to 20 <br />years. This permit renewal application is for a term of five (5) years. <br />2.03.9 Personal Injury and Property Damage Insurance Information <br />Terror Creek LLC currently has a public liability insurance policy in <br />force. The insurance certificate has been included in Exhibit 3, <br />Insurance Certificate. The insurance certificate contains a rider <br />requiring the insurer to notify the Division whenever substantial <br />changes are made in the policy. <br />MR -2 -S 2.03-11 Rev. Dec. 2008 <br />M-6VO <br />a//g/aq <br />