PERMFILE45240

• Permit No: X200621401
• IBM Index Class Name: Permit File
• Doc Date: 6/14/2006
• Doc Name: Incompleteness Letter
• From: DMG
• To: BTU Empire Corporation
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
14 June 2006
Jerry Nettleton
BTU Empire Corporation
29515 Routt County Road 27
Oak Creek CO 80467
SUBJ: NOI CX-2006-214-O1 Application Incompleteness
Dear Mr. Nettleton:
COLORADO
DIVISION OF
MIN&RALS
GEOLOGY
0.FClANATION•NIN ING
SAFETY•SCIENCE
Bill Owens
Governor
Russell George
Executive Director
Ronald W. Canany
Division Director
Natural Resource Tmstee
The Division has received your Notice of Intent to conduct coal exploration (NOI-2006-
214-01), submitted June 1, 2006, and has made the following findings:
1. The application is incomplete.
2. The project qualifies as coal exploration rather than coal mining.
3. Your project will substantially disturb the natural land surface. Therefore you will be
required to submit a bond to cover the cost of reclamation. The Division has received
the pertinent information and is in the process of calculating the bond liability.
The Division has one question comment on the application that bears on the application's
completeness. Pursuant to Rule 2.02.2(2)(h), which requires "a statement, with
appropriate references from the relevant State or Federal agencies or published sources,
which determine that the continued existence of an endangered or threatened species
listed pursuant to Section 4 of the Endangered Species Act of 1973 (U.S.C. 1533) or the
Nongame, Endangered or Threatened Species Conservation Act (Section 33-8-101 et sea•
C.R.S.) or result in the destruction or adverse modification of critical habitat of those
species." Fulfillment of this requirement will enable the Division to consider your
application complete.
In a separate matter, one additional revision will be required for adequacy. On page 13
of the application, in the "Drillhole Plugging, Sealing and Abandonment" section, the
statement is made that the cement slurry will be tremied into the hole for approximately
700 feet through the target units to seal off aquifers and that alternative materials, that
could include drill cuttings, would be used to fill the remainder of the hole. Please
specify that if any aquifers are encountered anywhere within the depth of the drillhole,
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines GErologiEal Survey