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United States Department of the Interior ,,,~ ~~ BUREAU OF LAND MANAGEMENT ~ COLORADO STATE OFFICE ~ ~ 2850 YOUNGFIELD STREET LANEWOOD, COLORADO 80215-7076 CO-921B(ALW) 3451 D-041478 Coal OCT 3 1 1989 CERTIFIED MAIL D E C I S I O N Chevron U.S.A. Inc. c/o Pittsburg b Midway Coal Mining Co. 6400 South Fiddler's Green Circle Littleton, Colorado 80111-4991 Notice of Readjusted Lease Terms and Conditions Caal lease D-041478 vas issued effective Hay 6, 1930. It is subject to readjustment of terms and conditions on Hay 6, 1990. Notice of intent to readjust coal lease D-041478 vas given May 5, 1988. As provided in the Hineral Leasing Act of 1920, as amended, (41 Stat. 437, 30 U.S.C. 161 et seq.), the regulations, and Sec. 3 of the lease, ve are hereby readjusting the terms and conditions of lease D-041478. A copy of the readjusted lease is enclosed. The readjusted lease terms shall become effective Hay 6, 1990. The annual rental rate is hereby readjusted to 33.00 per acre or fraction thereof. Effective Hay 6, 1990, rentals due and payable for any lease yeaz may not be credited against royalties. 43 CFR 3473.3-1. The aev royalty rates, established by law and by regulations at 43 CFR 3473.3-2, will be effective simultaneously with the effective date of the readjusted lease. The royalty rate of 121•, percent of the value of the coal removed from a surface mine is the minimum allowed by the Mineral Leasing Act of 1920, as amended. The royalty rate for coal removed from an underground mine is established at 8 percent because there are currently no underground operations being conducted and thus no known adverse geologic or mining conditions sufficient to warrant a rate of less than 8 percent. The value of the coal shall be determined in accordance with the regulations at 43 CFR 3485.2, as amended effective March 1, 1989 (54 PR 1532, January 13, 1989).