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2.03.6 Right of Entry and Operational information <br />• (1) The documents shown in Exhibit 1, Right of Entry <br />Documents, show the legal right which Terror Creek <br />Company has to enter and use the permit area. This <br />document shows that Terror Creek Company owns the surface <br />which is in use in connection with the coal loadout <br />facilities. Lease arrangements have been completed with <br />the Denver and Rio Grande Western Railroad Company for <br />use of the adjacent railroad right-of-way for loadout <br />purposes. <br />(2) No surface mining is planned therefore the issue of the <br />private mineral estate being severed from the private <br />surface estate is not applicable. <br />2.03.7 Relationship to Areas Designated Unsuitable for Mining <br />(1) The permit area is not within an area designated <br />unsuitable for surface mining activities as defined in <br />Rule 7 or 30 CFR 764 and 765, or under study for <br />designation in an administrative proceeding under Rule 7 <br />or 30 CFR 764 and 765. <br />(2) Not applicable. <br />• (3) Not applicable. <br />2.03.8 Permit Term Information <br />The life of the Terror Creek Loadout facility is expected <br />to be 15 to 20 years. This permit renewal application is <br />for a term of five (5) years. <br />2.03.9 Personal Iniury and Property Damage Insurance Information <br />Terror Creek Company currently has a public liability <br />insurance policy in force. The insurance certificate has <br />been included in Exhibit 3, Insurance Certificate. The <br />insurance certificate contains a rider requiring the <br />insurer to notify the Division whenever substantial <br />changes are made in the policy. <br />. 2.03 - 12R <br />Rev. 10-30-92 <br />