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III. SUMMARY OF CHANGES REQUESTED <br />Pursuant to Rule 2.08.3, the Division has conducted a midterm review and has found that certain <br />minor modifications are needed to ensure future compliance with the Colorado Surface Coal <br />Mining Reclamation Act and the Regulations of the Colorado Mined Land Reclamation Board for <br />Coal Mining. <br />2.03.6 Right of Entry and Operation Information <br />L The various documents (federal coal leases and a listing of BLM surface rights of way) <br />referenced by BME as bases for legal right of entry pursuant to 2.03.6(1), were issued to the <br />previous operator, Westem Fuels-Utah. Please provide documentation for inclusion in the <br />pernut demonstrating that the leases and rights of way were transferred to BME. Also, for <br />the permit area BLM rights of way listed in Exhibit I-3, please provide information <br />regazding date of execution, specific lands covered (map or legal description), and legal <br />rights claimed, pursuant to 2.03.6(1). <br />2. Map 2, Surface and Mineral Ownership, lists Western Fuels-Utah, Inc. as the surface owner <br />of a tract of land in Section 29, T3N, R101 W. Please amend the map as appropriate, and <br />identify the transfer of deed or other document upon which BME bases right of entry, for <br />inclusion in the permit, pursuant to 2.03.6(1). <br />2.03.9 Personal Injury and Property Damage Insurance Information <br />Rule 2.03.9 (3) specifies that the public liability insurance policy include a rider requiring <br />that the insurer notify the Division whenever substantive changes aze made in the policy, <br />inlcuding any temunation or failure to renew. The cancellation clause included on the <br />current insurance certificate effective 12120!01, contains language which does not comply <br />with this provision. Please provide a certificate amended by the insurer, with the "endeavor <br />to" wording, and clause beginning with "but failure to mail such notice..." deleted. <br />2.03.10 Identification of Other Licenses and Permits <br />4. Anew county special use permit has been issued since the most recent pemut renewal, <br />superseding the permit listed on page I-10 of the permit application. Please update the <br />listing with reference to the current special use permit and date of approval. <br />Deserado Mine Apri130, 2002 <br />