2009-01-28_REVISION - C1981044

• Permit No: C1981044
• IBM Index Class Name: REVISION
• Doc Date: 1/28/2009
• Doc Name: Review Responses
• From: BTU Empire Corporation
• To: DRMS
• Type & Sequence: RN5
• Email Name: JRS
• Media Type: D
• Archive: No

Therefore, please review the information in Section 2.04.10, Vegetation Information, Section
2.04.11, Fish and Wildlife Information, Section 2.05.6(2), Fish and Wildlife Plan, Exhibit 14,
Vegetation Information and Exhibit 15A, Threatened, Endangered and Sensitive Species
Information, in the permit application and confirm to the Division in writing that all threatened
and endangered species and candidate species and their habitats listed for Moffat County have
been discussed and evaluated. If not, a new survey will need to be performed for this permit
renewal using the current list of threatened and endangered and candidate species for Moffat
County. If a new T&E survey is performed, the Division will forward it to the OSM and they may
send it to the US Fish and Wildlife Service for a Section 7 consultation. Failure to include
candidate species could result in mine closure if the species is listed in the future. The US Fish &
Wildlife Service Threatened and Endangered species list can be found on the internet at:
http://wwwfws..eov/mountain prairielendspRIcoun!ylistslcolorado pdf
The Colorado Division of Wildlife Threatened and Endangered species internet site is at:
http: //wildlife. state. co. us/WildlifeSpecies/SpeciesOfConcern/ThreatenedEndans-yeredList/.
Response: The referenced permit information was reviewed and updated in early 2007 for RN-04,
consistent with the current TES listings at that time. No additional species with reasonable potential
for occurrence within the BTUEC Permit Area have been added to the TES listings since this update.
Please refer to pages 33 through 35 of the Proposed Decision and Findings of Compliance for the
Eagle Mine Complex, Permit No. C-81-044, Permit Renewal RN-04, dated 02/14/07; the BTUEC
response letter to Dan Hernandez, dated 01/03/07; updated (11/21/06) pages 2.04-40 and 41; and the
updated (01/02/07) Exhibit 15A.
Statements have been added to pages 2.04-33, 34, 35, and 40 to address the potential for occurrence of
other TES listed species within the BTU EC Permit Area. Additional relevant information is also
provided for insertion in Exhibit 15A. Copies of the revised text accompany these responses for
replacement in the PAP.
Rule 2.05.3 - Operation Plan
7. Beginning on page 2.05-7.1 there is a description of the facilities at the Eagle Mine Complex.
Some of these facilities were demolished and buried on-site in the spring. Please note which
buildings on the facilities list were demolished and where the demolition debris was placed. The
description of each building can remain for historical purposes at the beginning of each
description if desired.
Response: The facilities description has been reviewed and updated, as appropriate, to reflect any
changes in the status of site structures and facilities. Copies of the revised text accompany these
responses for replacement in the PAP.
Rule 3.02.2 - Determination of Bond Amount
8. The Division completed an update of the reclamation cost estimate for the Eagle Mine Complex in
conjunction with the review process (attached). The revised liability for the site was calculated at
$3,339,467.00. The Division currently holds a corporate surety in the amount of $3,552,679.00
from Travelers Casualty and Surety Co of America. The Division has determined that the amount
of bond held is sufficient to ensure that reclamation can be completed in the event of permit
revocation and bond forfeiture. The additional bond monies can be returned to the BTU Empire