REV104691

• Permit No: C1981044
• IBM Index Class Name: Revision
• Doc Date: 1/16/2004
• Doc Name: Withdrawal of Proposed Decision Letter
• From: DMG
• To: RAG-Empire Corporation
• Type & Sequence: RN4
• 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]
January 16, 2004
COLORADO
DIVISION O F
MIN)RALS
GEOLOGY
0.EC LAMATION•NINING
SAFETT•SGIENCE
Sandra White gill Owens
29515 Routt County Road No. 27 Governor
Oak Creek, CO 80467 Greg E. Walther
Executive Director
Re: Ea le Mine Com lex, C-1981-044, Withdrawal of Pro osed Decision, Permit Renewal nal w. cattany
g P P ~Ars~, Director
Natural Resource TruAee
Deaz Ms. White:
Coal Mine operators are required by Rule 2.03.6 to maintain Right of Entry to conduct surface mining
operations. While reviewing the Eagle Mine Complex permit during Permit Renewal No. 4, the
Division was notified of the termination of the lease between RAG-EC and property owners of land
described by Section 36 T6N, R92W, 6a' P.M.; Lot 3 of Section 25, and Lot 1 of Section 35 T6N, R 92
W; and Lots 1Q 11, 20, 21, of Section 31 T6N, R91 W, 6~' P.M. RAG-EC has stated in the permit that
they will not re-enter the coal within the property boundary, and will not resume mining of the coal
within the described property boundary. The sealed Portal No. S lies within the property in question.
RAG-EC has not completed reclamation activities or received final bond liability release on the
backfilled portal azea and must maintain surface access to this portion of the property.
As per our discussions via telephone on January 15, 2004, at 8:15 am and again at 3:00 pm, you
confirmed that RAG-EC had not achieved an agreed lease for right of entry on the described property.
At 10:30 am on January 15, 2004, I received a phone call from two of the landowners of the described
property, Mr. Brad Bazker and Mr. Ray Bazker, The Barkers stated that no right of entry agreement had
been arrived at between the Ruth Bazker property and RAG-EC.
The proposed decision findings document for Permit Renewal No. 4 required resolution of the right of
entry concerns prior to the Division's issuance of the permit renewal document. Since right of entry on
the Barker property apparently has not been resolved, the Division hereby withdraws our final decision
on the permit renewal. (Rule 2.08.5(3))
Please call if you have further questions regazding this decision.
Sincerely,
anet . Bim s
Enviro ental Protection Specialist
C:\jhb\C1981010\RN04\wthdrawal decision.doc
Cc: Cheryl Linden, Office of the State Attorney General
Office of Office of Colorado
Mined Land Reclamation AQive and Inactive Mines Geological Survey