2018-11-05_GENERAL DOCUMENTS - C1981044

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Williams Fork Mines Prepared by: R. Reilley M.S. GISP C1981044 5 November 2018 14 Colorado Historical Society (January 7, 1982), the Division finds that, subject to valid, existing rights as of August 3, 1977, the mining operation will not adversely affect any publicly owned park or place listed on or eligible for listing on the National Register of Historic Places as determined by the State Historic Preservation Office (2.07.6(2)(e)(i)). No new surface disturbance is proposed for the next five-year permit term; therefore, the letter from the State Historic Preservation Office is still valid. Additionally, MCM has committed to contact either the Regional Director or the District Supervisor of the Bureau of Land Management if any archaeological or cultural resources are discovered during MCM's mining activities (2.07.6(2)(e)). 6. For the surface mining portion of this operation, private mineral estate has been severed from private surface estate; therefore, the documentation specified by Rule 2.03.6(2) has been provided in descriptions of lease numbers, sublease agreements, warranty deeds, and quit claim deeds in the permit pages. (2.07.6(2)(f)). At the time of the Division’s December 16, 2003, proposed decision to approve RN4, RAG Empire Corporation (Operator prior to MCM) maintained right of entry for surface lands affected by surface disturbance. Surface access rights to one property apparently expired January 15, 2004. RAG maintained that it retained the right-of-entry to the property in question. The Division requested that RAG provide documentation of their continued right-of-entry. RAG requested a time extension of the final decision until March 31, 2004 to produce the requested documentation. Due to RAG’s inability to document the right-of entry on the specific property, the Division withdrew its proposed decision to approve RN4 on January 16, 2004. RAG was unable to reach an agreement with the owners of the property in question (the Barker property) regarding right of entry. On August 18, 2004, RAG filed a legal complaint, in Moffat County District Court, seeking declaratory relief recognizing the permittee’s right-of-entry to maintain and monitor completed reclamation on the property owner’s land. Legal proceedings ensued though 2005. On December 27, 2005, the parties arrived at a settlement, with legal documentation filed with the Moffat County Clerk and Recorder on January 4, 2006. The permittee provided copies of the legal documents to the Division on January 25, 2006. With the resolution of this issue, the Division finds that the permittee upholds the right-of-entry for the required property. During this time frame, RAG applied for a transfer of its permit, SO2, to BTU Empire Corporation. SO2 was approved by the Division on May 26, 2006. 7. On the basis of evidence submitted by the applicant and received from other state and federal agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado Surface Coal Mining Reclamation Act, the Division finds that Moffat County Mining’s parent company, Peabody Energy Corporation, does not own or control any operations which are currently in violation of any law, rule, or regulation of the United States, or any State law, rule, or regulation, or any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)(i)).