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Janet H. Binns March 31, 2004 Page 4 from the same landowner; and then (ii) Subsection (2) by its very terms only applies to the activities of extraction of coal, not reclamation. Section 2.03.6(2) states that: Where the private mineral estate to be mined has heen severed from the private surface estate (in circumstances involving the surface mining of coal or where underground mining activities concurrently involve the surface mining of coal) the application shall also provide, for lands to be affected within the permit area: (a) A copy of the written consent of the surface owner to the extraction of coal by surface mining methods; or (b) A copy of the document of conveyance that expressly grants or reserves the right to extract the coal by surface mining methods; or (c) If the conveyance does not expressly grant the right to extract the coal by surface mining methods, documentation that under the applicable State law, the applicant has the legal authority to extract the coal by these methods. Section 2.03.6(2) requires the submission of actual documents, but it relates solely to situations where the mineral and surface estates have beer, severed.' That is' not the situation here, and thus; this section cannot be the basis for the Division's claim that Empire is required or failed to provide documentation of its right of entry. Perhaps this explains why the more recent letter from the Division, dated January 30, 2004, refers only to subsection (1). As the above discussion demonstrates, Empire's description of the documents and explanation of its legal right of entry were and with this second response, are fully sufficient to meet all the requirements under §34-33-I 10(2)(j) of the Act and Section 2.03.6(1) of the Regulations. Empire's responses, statements, descriptions and explanations satisfy the requirements of the Act and the Regulations to demonstrate right of entry, and any further determination of the right of access under CRS §34-33-110(2)(j) and Rule 2.03.6(3), is outside the jurisdiction of the Division and properly left to transactions between the parties or to the courts to resolve.