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3 <br />coal from the Bowie No. 2 Mine at a rate of 5 million tons per year and run coal <br />through their loadout at this rate. DMG required BRL to provide information <br />regarding the CDOT permits in accord with Rule 2.03.10, as with the air emission <br />permits discussed above. BRL has complied with this provision of the <br />regulations in their PR-03 submittal. <br />Your letter also mentioned road improvements to the junction of old and new <br />State Highway 133. The DMG has no jurisdiction over highway traffic, including <br />coal haul trucks, once those trucks leave the permit area. Therefore, we have <br />not required BRL to provide CDOT permits for improvements to the intersection <br />of the old and new highways. We understand that BRL is working with CDOT on <br />plans to modify that intersection. Any such modifications that CDOT deems <br />necessary would need to be designed and implemented in conjunction with <br />CDOT. <br />A study should be made of the impacts of proposed trucking levels to the existing <br />C-DOT scenic byway designation and scenic byway funding of Highway 133. <br />Because DMG has no legal jurisdiction over highway traffic, we will not be <br />looking into the status of scenic highway designations made by CDOT. <br />PRODUCTION INCREASES <br />We are asking for clarification of the Division's ability to permit increases in <br />production that are based on assumed but not yet granted lease of federal coal... <br />the proposed permit revision is premature due to applicant's failure to establish a <br />"Right of Entry" ..... It would be appropriate for DMG to either enter a joint review <br />with fhe federal agencies, or condition production increases upon successful <br />award of the federal coal lease. <br />BRL has right of entry to all lands within the currently approved permit area, as <br />required by the regulation cited in your letter. The DMG is reviewing and acting <br />on the PR-03 application in accordance with that, and all other applicable coal <br />regulations. We believe that BRL is in compliance with the right of entry <br />requirements of Rule 2.03.6. <br />The only provisions of the coal regulations requiring information about mine plans <br />in areas beyond an approved permit area are found in Rule 2.05.2. Section <br />2.05.2 of the approved Bowie No. 2 mine permit includes a discussion of the <br />estimated area for life of operations, as required by Rule 2.05.2. This section <br />indicates that the permit will be revised in the future to include extending the <br />