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.~ September 26; 1984 Mr. David C. Shelton Page Four Both the D-044240 and C-076713 leases contain the express grant from the United States to use so much of the surface as may reasonably be required in exercise of the rights and privileges granted thereunder. Northern Coal Company has filed with the Department of Interior, Bureau of Land Management the requisite lease bonds and with the Colorado Mined Land Reclamation Division and the Office of Surface Mining and Enforcement the requisite reclamation bonds, thus insuring its performance of all the lease obligations and the reclamation of the surface impacted by its mining activities at the Rienau No. 2 Mine. The existing Rienau No. 2 Mine surface facilities situated on the Rienaus' surface are located within the D-044240 and C-076713 lease boundaries and are reasonable and necessary for the mining of both leases. I might add that the Rienau Mine has been in existance, at the same site, since the 1930s. The Meeker Area Mines Permit Application when originally filed proposed the mining of the D-044240 and C-076713 leases in conjunction with adjacent federal coal leases and PRLAS. Consequently, a significant expansion of the supporting surface facilities would have been required, for which reason Northern Coal Company entered into the temporary access agreement with the Rienaus and initiated negotiations for a long-term surface agreement. That situation is, of course, distinguishable from the current situation under the modified mine plan whereby Northern Coal Company will limit its mining activity to the D-044240 and C-076713 leases, and, therefore, the expiration of the earlier temporary access agreement is of no consequence. Finally, Northern Coal Company would point out that Rule 2.03.6(2) is intended to address the situation where the private mineral estate has been severed from the private surface estate and where actual surface mining activities are to occur. That is not the situation at the Rienau No. 2 Mine. There, the United States owned both the surface and mineral estates, expressly reserving the right to conduct coal mining operations prior to the severance of the two estates. Moreover, the Rienau No. 2 Mine activities involve underground mining, not surface mining, with minimal impact to the surface. Northern Coal Company respectfully requests that you review the referenced statute, documents and its explanation thereof and proceed with the issuance of the permit as soon as possible.