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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 />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />October 29, 2003 <br />Sandra White <br />RAG Empire Corporation <br />29515 Routt County Road No. 27 <br />Oak Creek, CO 80467 <br />Re: Eagle Mine Complex, permit No. C-1981-044, RN-04, Right of Entry Demonstration <br />Deaz Ms. White: <br />OLORADO <br />I V I S I O N O F <br />tINERALS <br />EOLOGY <br />CLA MATION•MINING <br />SAFETY•SCIENCE <br />Bill Owens <br />Governor <br />Greg E. Walther <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />During the review of the Eagle Mine Complex Permit Renewal No. 4, the Division was made awaze that <br />RAG-Empire Corporation terminated its lease agreement with one of the landowners/coal lessors <br />situated within the permit azea. Please refer to the attached two documents. The coal lease and surface <br />lease area in question is the Ruth Bazker property described by Section 36 T6N, R92W, 6s' P.M.; Lot 3 <br />of Section 25, and Lot 1 of Section 35 T6N, R 92 W; and Lots 10, 11, 20, 21, of Section 31 T6N, R91 W, <br />6`h P.M. <br />Rule 2.03.6(1) requires , "...a description of the documents upon which the applicant bases his or her <br />legal right to enter and begin surface muting operations in the permit azea, and a statement as to whether <br />that right is the subject of pending litigation. The description shall identify those documents by type and <br />date of execution, identify the specific lands to which the document pertains, and exglain the legal rights <br />claimed by the applicant." <br />RAG-EC must maintain a legal "right to enter" this property for the duration of the mine reclamation <br />liability period. Surface disturbances (the No. 5 Portal azea and a portion of the surface facilities azea) <br />have occurred on a portion of this property, so RAG-EC will need to demonstrate right of access for <br />surface coal mining operations should the mine emerge from temporary cessation status, right of access <br />for reclamation activities at permanent closure of this portion of the mine, and maintain surface right of <br />entry for the duration of the reclamation liability period. If RAG-EC expects to re-enter the workings <br />covered by these property boundaries, a subsurface right of entry (coal lease) needs to be maintained for <br />access to the underground workings. If RAG-EC does not intend to ever access the existing <br />underground workings or any other un-mined coal seams covered under the Barker's coal lease, a <br />statement to that affect needs to be submitted to the Division and made a part of the RAG-EC permit. If <br />RAG-EC includes a statement to the permit that RAG-EC does not intend to ever re-enter this coal, <br />maintenance of a coal lease underlying the property in question would not be needed. Should RAG-EC <br />not intend to re-enter that portion of the mine, initiation of reclamation activities on those areas <br />associated with the re-entry of that portion of the mine should commence. Commencement of <br />reclamation activities would demonstrate compliance with Rule 4.13. <br />Once of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />