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<br />Company of Englewood, Colorado, as lessor, and Walden Coal Company as sub- <br />lessor. Please provide an updated description of those documents upon which Walden <br />Coal Company bases its legal right to enter the Bourg Mine site and the Northgate <br />L.oadout in accordance with Rules 2.05.3(1), (2) and (3). Please also state whether that <br />right of entry is the subject of any pending litigation. <br />14. Rule 2.03.7(31 (Statute 34-32-114(2)(g~ <br />Please state whether there are any occupied dwellings, public buildings, schools, <br />churches, community or institutional buildings, or public parks within 300 feet of the <br />permit boundaries of either the Bourg Mine or the Northgate Loadout. If there are, <br />please provide those waivers required by Rule 2.03.7(3). Please be aware, pursuant to <br />Rule 2.03.7(3), that if current right of entry leases or deeds do not explicitly contain <br />these waivers, the waivers must be knowingly made and separate from the leases and <br />deeds. <br />15. Rule 2.03.8 (Statute 34-32-110(2)(1)) <br />Section 2.03.8 of the permit currently lists the anticipated start and end dates for four <br />phases of operations. Now that operations have ceased, please provide the actual start <br />and termination dates for these phases. <br />16. Rule 2.03.9 (Statute 34-32-110(5)) <br />The copy of Ute Certificate of Insurance document contained in Ute Bourg Mine permit <br />currently does not list the permittce, Walden Coal Company, as the Insured. Both <br />Rule 2.03.9 and Statute 34-32-110(5) are unfortunately quite specific in this regard. <br />Please provide a revised Certificate of Insurance listing the Insured as Walden Coal <br />Company. Additionally, please delete the words "endeavor to" and "but failure to mail <br />such notice shall impose no obligation or liability of any kind upon the Company, its <br />agents or representatives" in the cancellation clause. Please also have the revised <br />certificate include a rider requiring the insurer(s) to notify the Division whenever <br />substantive changes are made in the policies, including any termination or failure to <br />renew, in accordance with Rule 2.03.9(3). <br />17. Rule 2.03.10 (Statute 34-32-110(8)) <br />Please state whether any of the four permits listed in Section 2.03.10 are still valid. If <br />not, please state when these licenses expired. Please also describe whether any of the <br />agencies that issued these permits were contacted as to whether any of these permits <br />need to be reissued for the current status of the mine site or the loadout. <br />18. Rule 2.03.11 (Statute 34-32-110(2)(e)) <br />Please identify by name and address in this section of the permit the public office <br />where Walden Coal Company will maintain a copy of the Bourg Mine permit for public <br />review. <br />-4- <br />