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STATE OF COLORADO RECEIVE D Bill Owens, Governor DEPARTMENT OF NATURAL RESOURCES AUG 0 3 2006 DIVISION OF WILDLIFE AN EOUAL OPPORTUNITY EMPLOYER Division of Minerals b Geology Bruce McCbskey, Director 6080 Broadway Denver, Cobrado 80216 Telephone: (303) 297-1192 Jerry Nettleton July 20, 2006 BTU Empire Corporation 29515 Routt County Road 27 Oak Creek, CO 80467 RE: BTU Empire Exploration Project (Coal Exploration Activity in Moffat Co.) ~ - 2oc~Cv-ZI ~ - G I For llrldl~- ForPeople Mr. Nettleton, On June 29`x, 2006, the CDOW received a formal request for comments regarding an application to conduct coal exploration activity at Trapper and Williams Fork Mines (T6N-R91 W-Sec 29, 30, 31, and 32). On July 5'~, 2006, I discussed the proposed coal exploration activities with Peabody Energy staff and received a draft permit application to be submitted to the Colorado Division of Minerals and Geology. Mr. Jerry Nettleton represented Peabody Energy and outlined the proposed exploration. Mr. Nettleton stated that ten deep core drilling pads would be utilized in the exploration activities. The total surface disturbance of these drilling pads will amount to less than three acres of total disturbance. The exact locations of the pads are in the southern rim of the Big Bottom area of Moffat Coumy (T6N-R91W-Sec 29 NW'/sSEYs, NE'/~SW'/a, and SE'/sSW'/a, Sec 30 SW'/s SE'/a, Sec 31 SE'/sNE'/a and NEYsSE'/a, and Sec 32 NE'/sNE'h, SE'/aNW'/s, and SE '/a NW '/s.). Appendix A of the provided document incorrectly lists the legal description of the proposed exploration areas as TSN-R91 W and omitted well PDS-06-071ocated in Sec 29 SW'/,SW'/<. Mr. Nettleton indicated that six of the ten sites lie within the existing permit area of the mine located in reclaimed landscapes. Well PDS-06-08 is located in close proximity to an active Bald Eagle roost site. A currently active Bald Eagle nest is located in Sec 19 NE'/aSW'/. approximately 1.8 miles from the proposed well location. )n addition, the section of the Yampa River immediately adjacent to this well site is deSned as a winter concentration area for Bald Eagles. The area is also utilized by large winter concentrations of Elk and all of the proposed well locations lie within recorded severe winter range for this species. The Division of Wildlife has no objection to the request of this exploration or related reclamation activity at these sites. It is requested that PDS-06-08 is drilled in early fall 2006 or at a time that would minimize winter disturbance to Bald Eagle and Elk populations in the area. It is also requested that topsoil stockpiles be seeded with a sterile hybrid cover vegetation (such as Regreen) to maintain soil microbe health, viability, and reduce weed infestations on these stockpiles. Thank you for the opportunity to comment on this proposal. if you or the project's proponents have any questions, please do not hesitate to call me. Sincerely, Bill de Vergie Area Wildlife Mattager DEPARTMENT OF NATURAL RESOURCES, Russo George, Executive Director WILDLIFE COMMISSION, Jeffrey Crawford, Char • Tom Burke, Vice Chair • Claire O'Nea, Secretary