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Ten -Day Notice Narrative: WildEarth Guardians February 8, 2016 Citizen Complaint Referral (Colorado) <br />WildEarth Guardians' allegations pertaining to Peabody operations in New Mexico and <br />Wyoming are being addressed through the TDN process separately. For Colorado, WildEarth <br />Guardians' complaint includes the following permits: <br />Permit #C-1982-056 (Foidel Creek Mine) <br />Permit #C-1992-081 (Hayden Gulch Terminal) <br />Permit #C-2009-087 (Sage Creek Mine) <br />Permit #C-1982-057 (Seneca I1 -W Mine) <br />Permit #C-1981-044 (Williams Fork Mine) <br />Permit #C-1994-082 (toast Mine) <br />Upon preliminary review of this complaint, OSMRE determined that the alleged violations could <br />not possibly exist at the Hayden Gulch Terminal because a corporate surety bond is posted for <br />that permit. All alleged violations pertain to self -bond qualification criteria which do not apply <br />where a corporate surety bond is employed. For this reason, OSMRE did not issue a TDN for the <br />Hayden Gulch Terminal permit. For the remaining permits identified, OSMRE has determined <br />that WildEarth Guardians alleges potential violations of Colorado Rules §3.02.4(2)(e)(i)(C), <br />§3.02.4(2)(e)(iv), and §3.02.4(2)(e)(vii). <br />Colorado Rule §3.02.4(2)(e)(i)(C) sets forth self -bond qualification criteria, requiring that: <br />(C) The applicant submits financial information in sufficient detail to show that the applicant meets <br />one of the following criteria: <br />(1) The applicant has a current rating for its most recent bond issuance of "A" or higher as <br />issued by either Moody's Investor Service or Standard and Poor's Corporation; <br />(I1) The applicant has a tangible net worth of at least $10 million, a ratio of total liabilities <br />to net worth of 2.5 times or less, and a ratio of current assets to current liabilities of 1.2 <br />times or greater; or <br />(III) The applicant's fixed assets in the United States total at least $20 million, and the <br />applicant has a ratio of total liabilities to net worth of 2.5 times or less, and a ratio of <br />current assets to current liabilities of 1.2 times or greater. <br />Colorado Rule §3.02.4(2)(e)(iv) sets forth an additional self -bond qualification criteria, requiring <br />that: <br />(iv) For the Division to accept an applicant's self -bond, the total amount of the outstanding and <br />proposed self -bonds of the applicant for surface coal mining and reclamation operations shall not <br />exceed 25 percent of the applicant's tangible net worth in the United States. For the Division to <br />accept a corporate guarantee, the total amount of the parent corporation guarantor's present and <br />proposed self -bonds and guaranteed self -bonds for surface coal mining and reclamation operations <br />shall not exceed 25 percent of the guarantor's tangible net worth in the United States. For the <br />Division to accept a non -parent corporate guarantee, the total amount of the non -parent <br />corporation guarantor's present and proposed self -bonds and guaranteed self -bonds for surface <br />