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inadvertent mining was in fact a violation. Our investigation found the following: <br />The Act, at 34-33-1 ] 0(2)(j), states in essence that permit applications must contain a <br />statement of those documents upon which applicants base their legal right to enter and <br />commence surface coal mining operations. CCC's permit application package does not <br />contain the information required by this statute for the area where the inadvertent mining <br />occurred. <br />• Section 2.03.6 of the Regulations reiterates the requirements of 34-33-110(2)(j), but adds that <br />the statement must identify those documents by type and date of execution, identify the <br />specific lands to which the documents pertain, and explain the legal rights claimed by the <br />applicant. CCC's permit application package does not contain the information required by <br />this regulation for the area where the inadvertent mining occurred. <br />CCC's permit application package at Page 2.03-10 states, "In regard to the unleased BLM <br />surface and mineral estates included within the permit boundary, no mining or exploration <br />activities will take place on these lands without obtaining the appropriate BLM lease, license, <br />or permits." At the time of the inadvertent mining, CCC did not have an appropriate BLM <br />lease, license, or permit, though CCC did obtain verbal approval from BLM to remove 159 <br />tons of unleased coal that had already been blasted at time CCC informed BLM of the mining. <br />A letter from BLM to CCC dated June 5, 2003, states, "In response to your (CCC's) letter of <br />May 23, 2003, we have reviewed your Company's plans for the construction of a ramp near <br />the west end of the West Pit. A small portion of this ramp, estimated at less than 1.5 acres, <br />will be situated on private land whose coal is reserved to the U.S. but is not currently under <br />lease. This land is adjacent to Federal Coal Lease C-034365. We have determined that there <br />will be no mineable coal removed from this un-leased land as a result of this construction and <br />that neither a lease modification nor an RZP2 modification will be necessary. The Bureau of <br />Land Management, Little Snake Field Office, therefore has no objection to Colowyo <br />proceeding to the proposed construction, subject to appropriate State of Colorado and OSM <br />approvals". CCC removed 2366 tons of coal from this un-leased land without BLM approval. <br />Page 2.05-6 of CCC's permit application package states, "The location of the area to be mined <br />is shown on the Mine Plan Map 23", and a letter from CCC to DMG dated September 19, <br />2003, entitled "Clarification of Map Boundaries", states, "The Mine Plan map (Map No. 23) <br />illustrates two important boundaries. First the `Coal Lease Boundaries' that are associated to <br />the 5 year term of the permit, and secondly, the `Mining Limit' boundary illustrates the 5 year <br />coal removal plan within the coal leases. On this map the term `XXXX Pit Mining Limit' <br />refers only to the location of the area planned for coal removal." Map 23 does not denote the <br />azea in which the inadvertent mining occurred as an azea approved by DMG for coal removal. <br />• Paragraph C. S. of the Grants, Conditions, and Agreements section of the January 10, 2003 <br />DMG permit states, "The permittee shall conduct all surface coal mining and reclamation <br />operations only as described in the approved application, except as otherwise directed by the <br />Division in this permit". The inadvertent mining is not described in the approved application, <br />