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4 ~~ Mr. Steven G. Renner 2 MLRD replied that the Waldon Coal Company is synonymous with Flatiron Companies. In addition, MLRD responds that Flatiron Companies dba Waldon Coal, as a permittee, provides public liability insurance in accordance with the State program, because coverage exceeds the requirement for personal injury and property damage. MLRD is requiring Flatiron Companies dba Waldon Coal Company to furnish the Division with a revised insurance certificate which includes a listing of the Bourg Strip Mine by May 15, 1941. After reviewing MLRD's response and supporting documentation, AFO concurs with MLRD that Waldon Coal Company is one in the same as far as being the permittee that is required to be the insured entity on the certificate of insurance. That being the case, AFO would still question what other Flatiron Companies' operations in the State of Colorado would be within the coverage of this particular insurance certificate. This is a two-fold problem. First, the certificate has not described the Bourg Strip Mine as an operation to be covered. Second, there is no assurance that the minimum coverage will be available for the Bourg Strip Mine if simultaneous demands are made on the policy from other operations of the insured. AFO is not aware of how many Flatiron operations are covered by this document in the State. As the certificate reads now, if Flatiron has four or more operations covered by this policy and if each required the same coverage, the current coverage would not meet the minimum requirements of $300,000 for each occurrence and $500,000 aggregate for each site. That being the case, coverage must be adjusted or clarified to demonstrate that the minimum coverage will be available for the Bourg Strip Mine if multiple demands are placed on the policy. The location of the operation covered will be corrected as the permittee revises the certificate of insurance to list the mine, providing that it complies with MLRD's May 15 deadline. The second deficiency in coverage, proof that [he minimum coverage will be available for the Bourg Strip Mine, will not be addressed by MLRD's request to Che permittee. Therefore, AFO finds that MLRD has failed to take appropriate action to cause the violation to be corrected or show good cause for such failure. A violation of MLRD's program exists. MLRD's failure to address the violation in accordance with the requirements of Colorado's program constitutes an arbitrary and capricious action. Therefore, OSM finds MLRD's response to violation 1 of 1 of the TDL to be inappropriate.