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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St, Room 215 <br />Deriver, Colorado (10203 <br />Phone: (303) 866.3567 <br />FA%: (303) 032-0106 <br />February 17, 2006 <br />Mr. Jerry Nettleton <br />Environmental Manager <br />BTU Empire Corporation <br />29515 Routt County Road 27 <br />Oak Creek, CO 80467 <br />RE: Eagle Mine Complex, C-1981-044, SO-2 Application Completeness <br />Dear Mr. Nettleton: <br />COLORADO <br />DIVISION O E <br />MINERALS <br />GEOLOGY <br />0.ECEANATION•MININ4 <br />EAEETY•sCIENCE <br />Bill Ovrou <br />Governor <br />Russell Geroge <br />Executive Dirator <br />Ronald W. rattanY <br />Division Direcmr <br />Natural Resource Trustee <br />For the purposes of filing, the Division finds BTU Empire Corporation's application for a Succession of <br />Operator (SO-2) for the Eagle Mine Complex complete as of February 17, 2006. <br />BTU Empire Corporation previously submitted a revised proposed Public Notice on August 27, 2004. One <br />discrepancy was noted between the metes and bounds description on revised Page 2.03-29 "Permit Revision <br />04-34"[sic] revised 8/26/04, and the proposed public notice. The second line that begins, "thence N03°14' <br />East 2,800 feet, thence N87°30' West 2,200 feet," in the proposed public notice differs from the line on <br />revised permit page 2.03-29 (Revised 8/26/04) that states, "thence N03°14'E 1,400 feet, thence N8°2,200 <br />feet,". Copies of these two pages aze attached for informational purposes. Please bring these two <br />descriptions into agreement with the correct permit boundary description, then proceed with publishing the <br />notice in accordance with Rule 2.08.6(3)(a). <br />On November 23, 2004, the Division found BTU Empire Corporation's application for a Succession of <br />Operator incomplete due to lack of right-to-enter documentation as required by Rule 2.08.6. BTU Empire <br />Corporation was informed that thisright-of--entry documentation needed to be received by the Division in <br />order to deem the Succession of Operator application complete. On January 25, 2006, BTU Empire <br />Corporation provided the Division with evidence of an agreement reached between BTU Empire <br />Corporation and property owners in the form of a special warranty deed. This document adequately <br />documents BTU Empire Corporation's right-of--entry for this particulaz property in accordance with Rule <br />2.08.6. A letter from the property owners was received by the Division on February 13, 2006, that <br />confirmed the agreement. <br />Please update the appropriate permit pages to reflect the updated right-of--entry information and any surface <br />or mineral property changes. <br />BTU Empire Corporation provided an updated certificate of liability insurance on October 18, 2006. The <br />liability insurance policy covers the time period of October I, 2005 through September 31, 2006. The <br />Division finds the operation in compliance with Rule 2.03.9. <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />