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Peabody <br />Juniper Coal Co. <br />29515 Routt County Road #27 <br />Oak Creek, CO 80467 <br />970.879.3800 RECE9VED <br />July 17, 2007 <br />Mr. Dan xemandez JUL 2 3 2001 <br />Division of Reclamation, Mining, and Safety Division of Rec!rnation, <br />1313 Sherman St., Room 215 Mining and Safety <br />Denver, CO 80203 <br />Phone: (303)866-4933 <br />Re: Juniper Caal Company -Responses to 07/10/07 Determination of Incompleteness (ref. <br />X-2006-227-01 AM-O1) <br />Dear Mr. Hernandez: <br />Thank you for your timely review and comments on our recent amended NOT submittal for our <br />Big Elk Property. The following respond to the comments raised in your comment letter: <br />1) Information pertaining to the Juniper Coal Company's legal right to conduct the activities <br />proposed under Amendment No. AM-01 has not been provided in the Amendment application. <br />Additionally, the information on file with the original NOI identifies Cottonwood Land <br />Company, not Juniper Coal Company, as the entity that has entered into access agreements <br />with JA.T.KY. Ltd and Rio Ro Mo Land Co. <br />In accordance with the reguirements of Regulation 2.02.2(2)(e) of the Regulations of the <br />Colorado Mined Land Reclamation Board for Coal Mining, please modify the text of the <br />Amendment application to provide a description of the basis upon which Juniper Coal <br />company claims the right to enter and conduct the activities proposed under the Amendment. <br />Resnonse: Surface use agreements (see attached) exist between Cottonwood Land Company <br />(clc), J.A.T.K.Y. Itd, and RIO RO MO LAND CO. Juniper Coal Company (JCC) has provided a <br />license agreement for limited access waiver of claims, release of liability and notice of warning <br />between CLC and JCC (copy enclosed). Both CLC and JCC are subsidiaries of American Land <br />Development LLC, which is then a subsidiary of Peabody Investments Corp. <br />2) Evidence that the activities proposed under Amendment No. AM-01 have received approval <br />from the US Bureau of Land Management has not been provided. If existing US BLM <br />Exploration License COC-69881 grants approval of the activities proposed under the <br />Amendment, please modify the text of the Amendment application to State this. <br />Response: Approval from the US Bureau of Land Management (BLM) has been received (copy <br />enclosed for your file). <br />3) The statement required by Regulation 2.02.2(2)(h), pertaining to the potential impacts of the <br />activities proposed by Amendment No. AM-01 upon state-listed threatened and endangered <br />species and their habitats, has not been provided. Please revise the Amendment to include this <br />statement. <br />