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BTU EMPIRE CORPORATION - EAGLE 5 & 9 MINES <br />PERMIT RENEWAL RN08-05 <br />ADEQUACY RESPONSES - JANUARY 2009 <br />Rules 2.03.4 and 2.03.5 - Identification of Interests and Compliance Information <br />1. It appears that some of the contact information contained on page 2.03-1 may be outdated and <br />inaccurate. Specifically the contact names that are listed may be outdated. Please update the <br />contact information on page 2.03-1 as necessary. <br />Response: The referenced contact information has been reviewed and updated, as appropriate. Copies <br />of the revised text accompany these responses for replacement in the PAP. <br />2. In addition to the information listed in question I above, there are two pages 2.03-1. It appears <br />as though the second page 2.03-1 in the permit should be page 2.03-1a (or some other notation to <br />distinguish it from the first page 2.03-1). Please correct the page numbering on the duplicate <br />pages 2.03-1 as necessary. <br />Response: The referenced duplication in page designations has been addressed by renumbering the <br />duplicate page. Copies of the revised text accompany these responses for replacement in the PAP. <br />3. Please ensure that the contact and resident agent information listed on page 2.03-9 is correct. <br />Response: The referenced contact and agent information has been reviewed and updated, as <br />appropriate. Copies of the revised text accompany these responses for replacement in the PAP. <br />4. Please update the Identification of Interests information contained in Rule 2.03.4 (beginning on <br />page 2.03-9) as necessary. <br />Response: The Identification of Interests information has been reviewed and updated to reflect current <br />ownership and control status. Copies of the revised text accompany these responses for replacement in <br />the PAP. <br />5. Please update the paragraph discussing the Rule 203.5(3) information regarding Violation <br />Notices on page 203-26. Specifically, this paragraph states that no violations have been <br />received through March 2006. This should be updated to the present. <br />Response: The referenced summary of compliance status has been reviewed and updated to reflect <br />that no NOV's have been received during the previous 3-year period. Copies of the revised text <br />accompany these responses for replacement in the PAP. <br />Rule 2.04.11 Fish and Wildlife Resources Information <br />6 One of the criteria for permit renewal approval, stated under Rule 2.07.6(2)(n), requires the <br />Division to make a finding that "the activities would not affect the continued existence of <br />endangered or threatened species or result in the destruction or adverse modification of their <br />critical habitats as determined under the Endangered Species Act of 1973 (16 USC Sec. 1531 et <br />sic) or the Nongame, Endangered or Threatened Species Conservation Act (Section 33-2-101 et <br />s_q., C.R.S.)