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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1373 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />June 4, 2004 <br />COLORADO <br />DIVISION O F <br />MINERALS <br />GEOLOGY <br />0.E CLA NATION•NINING <br />SAFETY•SCIENCE <br />Brian Watterson sill ovens <br />Geologist, Environmental Group Governor <br />RAG-Empire Corporation Russell George <br /> <br />29515 Routt County Road No. 27 Executive Director <br /> <br />Oak Creek, CO 80467 Ronald W. Cattany <br />Division Director <br /> Natural Resource Trusiee <br />Re: Application for Succession of Operators for the Eagle Mine Complex, Permit C-1981-044 <br />Deaz Mr. Watterson: <br />The Division received RAG-EC's application for a Request for Transfer of Coal Permit and <br />Succession of Operators on May 27, 2004. The Division has determined that the application is <br />incomplete. The following information needs to be submitted to the Division in order for the <br />application to be considered complete. <br />1. BTU-Empire Corporation must submit an acceptable performance bond in accordance with <br />Rule 2.08.6(2)(a). The performance bond must meet the requirements of Rule 3.02.4 as well. <br />2. Please submit a description of BTU-Empire Corporation's Right of Entry for all affected <br />property in accordance with Rule 2.03.6 <br />3. Please submit the name and address ofBTU-Empire Corporation's resident agent in <br />accordance with Rule 2.08.6(2)(b)(ii). Please include who will pay the AML fees. <br />4. Please submit evidence of transfer of other applicable permits or licenses in accordance with <br />Rule 2.08.6(2)(b)(iii) and Rule 2.03.10. These pem3its would include but are not limited to Air <br />Emissions Permit, CPDS pemut, Explosives pern3it, etc. <br />The following items are adequacy questions regarding information RAG-EC submitted with the <br />application. <br />RAG-EC submitted a proposed Public Notice for publication in a local newspaper. This notice <br />is acceptable with two corrections: <br />a) Please correct "Oak Creel" in the notice to "Oak Creek". <br />b) Please publish the permit number as "C-1981-044". <br />Once the application is complete, RAG-EC will need to publish the notice once in a local <br />newspaper. <br />6. In the past, RAG has provided a corporate organizational chart in Exhibit 42 that clarifies <br />which company is pazent company versus a sister company. An organizational chart would be <br />helpful to include in Exhibit 42. Based on the information currently submitted, it is uncleaz if <br />Peabody Holding Company, Peabody Energy Company, or BTU Worldwide is the pazent <br />company to BTU-Empire Corporation. Rule 2.03.4(3) <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />