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C-81-019 2000 Midterm Review <br />November 20, 2000 <br />right of way. The description is most deficient in that the point of beginning, bearings and <br />distances, and end point of the easement centerline are not described. The boundary of 6.96 acres <br />in Section 15 is not described. A road easement in Section 22 starts off well, but soon lot lines <br />aze used in lieu of bearings, distances are not described, and eventually only general locations are <br />provided (parts of Lots, parts of/a sections, etc.). The boundary description of a road easement in <br />Section 23 is nearly complete (a middle portion defaults to area descriptions). From then on, for <br />the great portion of the permit, only areas are described, not the boundary. However, boundary <br />descriptions often conclude with an azea description, such as containing (a number) of acres, <br />more or less, as does the description in the PAP (7,402.49 acres). <br />This Rule asks for a description (type, date of execution, identify specific lands, and explanation <br />the legal right claimed) of the documents upon which the applicant bases the legal right to enter, <br />and a statement as to whether that right is the subject of pending litigation. In lieu of a <br />description, copies of the documents aze provided in the PAP (Section 2.03.6 Page 2.03-]0, <br />Exhibit 1). This is satisfactory. <br />Please modify the legal description to describe the permit boundary lines (the boundary), <br />such as a metes and bounds description, concluding with the number of acres contained <br />therein, more or less. Please also include a statement as to whether any of the rights of <br />entry provided by the documents included in the permit are the subject of pending <br />litigation. <br />Item 8. Rule 2.03.6(2). The PAP is in compliance with this rule. Copies of documents aze <br />provided in Exhibit 1. <br />Item 9. Rule 2.03.7(3). The PAP is in compliance with this rule. The nearest surface facility <br />(water line) to an occupied (farm) building is 800 feet (measured, Drawing No. 11). The nearest <br />surface facility of the main mining area of the permit is a perimeter collection ditch <br />approximately 1,300 feet from the neazest occupied (farm) building (measured, Drawing No. 12). <br />Item 10. Rule 2.03.9(1). The PAP is in compliance (cutrent) with this rule. A certificate of <br />insurance is on file, in effect until May 31, 2001, in amounts that exceed the requirements of this <br />rule. <br />Item 11. Rule 2.03.9(2). The PAP is in compliance with this rule. The current certificate expires <br />May 31, 2001. The record indicates that Colowyo has been diligent in maintaining current <br />certificates. <br />Item 12. Rule 2.03.9(3). The certificate is in compliance with this rule only in part. The rider <br />states that in the event of a cancellation before expiration the Division will be notified. The rule <br />requires that the Division also be notified in the event of a substantive change or failure to renew. <br />However, the statement provided in the rider does comply with long-standing Division policy. <br />Item 13. Rule 2.03.9(4). Colowyo is, by exception, in compliance with this rule. They have not <br />self-insured this mine. <br />