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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />25 March 2009 <br />Mr. Jerry Nettleton <br />BTU Empire Corporation <br />29515 RCR 27 <br />Oak Creek, CO 80467 <br />Re: Eagle Mine Complex C-1981-044 <br />Permit Renewal 05 Second Adequacy Letter <br />Dear Mr. Nettleton: <br />COLORADO <br />DIVISION OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />The Colorado Division of Reclamation, Mining and Safety (Division) has received the <br />BTUEC responses for Permit Renewal 05 for the Eagle Mine Complex. The responses <br />were received on 28 January 2009. The Division has reviewed the responses and has the <br />following comments and question. <br />Rules 2.03.4 and 2.03.5 - Identification of Interests and Compliance Information <br />1. Response accepted - contact information was updated as requested. <br />2. Response accepted - page numbering changed as requested. <br />3. On Page 2.03-9, under the heading "General Office", BTUEC has BTU <br />Worldwide, Inc. listed. The AVS system, however, shows that BTU <br />Worldwide changed its name to Peabody Investments Corp. in 2004. Please <br />update this information and resubmit Page 2.03-9. <br />4. Response accepted - ownership information has been updated. All of the <br />information (with the exception of the change requested in question 3 above) <br />in the permit and AVS is correct. <br />5 <br />Response accepted - permit text has been updated as requested. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines