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Introduction and Chronoloev of Review Process <br />This document presents the findings and decision of the Division of Minerals and Geology (DMG) <br />pertaining to a request for Transfer of Coal Permit and Succession of Operators. The applicant, <br />RAG Empire Corporation (RAG EC), submitted an application changing its name to BTU Empire <br />Corporation (BTU EC) and changing the corporate officers. The name change and change in <br />officers resulted from a purchase of RAG EC's parent company, RAG American, by Peabody Coal <br />Company. <br />As summarized below, the application was submitted and reviewed pursuant to Rule 2.08.6 of the <br />Regulation of the Colorado Mined Land Reclamation Boazd for Coal Mining. <br />ACTION DATE <br />Applicant's name RAG Empire Corporation changed to BTU Empire <br />Co oration <br />A lication for a succession of o erator transfer of ermit received b DMG. 5/27/2004 <br />BTU Em ire Co oration submitted information re uired by Rule 2.08.6 7/19/2004 <br />Application for a succession of operator transfer of permit remains incomplete <br />due to lack ofright-of--entry documentation for a portion of the permit area <br />Bazker roe ) 8/23/2004 <br />O erator initiates liti ation with land owner 11/24/2004 <br />O erator rovided roof of current insurance 10/18/2005 <br />Property litigation resolved. Documentation of BTU Empire Corporation's <br />ri t- of-en submitted to DMG. 1/25/2006 <br />Application for a succession of operator transfer of permit deemed complete. <br />Adequacy concems identified by DMG in letter to BTU Empire Corporation in <br />letter date Feb 17, 2006. 2/17/2006 <br />Ade uac res onses submitted b BTU Em ire Co oration to DMG. 3/10/2006 <br />AVS check conducted by DMG 3/20/2006 <br />Additional ade uac concerns identified b DMG in letter dated A ril 18, 2006. 4/18/2006 <br />Additional information supplied to DMG from BTU EC responding to DMG's <br />ade uac letter dated March 22, 2006. 4/18/2006 <br />Additional ade uac concems identified by DMG in letter dated May 5, 2006. 5/5/2006 <br />Additional information supplied to DMG from BTU EC responding to DMG's <br />letter dated Ma 5, 2006. 5/15/2006 <br />DMG com letes second AVS check. OSM recommendation: "Issue" 5/26/2006 <br />DMG issues the followin ro osed decision to a rove SO-2 5/26/2006 <br />Eagle Mine Complex 5/26/2006 <br />SO-2 <br />