2009-05-22_GENERAL DOCUMENTS - C1981044

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6. For this surface mining operation, private mineral estate has been severed from private surface estate; therefore, the documentation specified by Rule 2.03.6(2) has been provided in descriptions of lease numbers, sublease agreements, warranty deeds, and quit claim deeds in the permit pages. (2.07.6(2)(f)). At the time of the Division's December 16, 2003, proposed decision to approve RN-04, RAG Empire Corporation maintained right of entry for surface lands affected by surface disturbance. Surface access rights to one property apparently expired January 15, 2004. RAG maintained that it retained the right-of-entry to the property in question. The Division requested that RAG provide documentation of their continued right-of-entry. RAG requested a time extension of the final decision until March 31, 2004 to produce the requested documentation. Due to RAG's inability to document the right-of entry on the specific property, the Division withdrew its proposed decision to approve RN-04 on January 16, 2004. RAG was unable to reach an agreement with the owners of the property in question (the Barker property) regarding right-of-entry. On August 18, 2004, RAG filed a legal complaint, in Moffat County District Court, seeking declaratory relief recognizing the permittee's right-of-entry to maintain and monitor completed reclamation on the property owner's land. Legal proceedings ensued though 2005. On December 27, 2005, the parties arrived at a settlement, with legal documentation filed with the Moffat County Clerk and Recorder on January 4, 2006. The permittee provided copies of the legal documents to the Division on January 25, 2006. With the resolution of this issue, the Division finds that the permittee upholds the right-of-entry for the required property. During this time frame, RAG applied for a transfer of its permit, SO-2, to BTU Empire Corporation. SO-2 was approved by the Division on May 26, 2006. 7. On the basis of evidence submitted by the applicant and received from other state and federal agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado Surface Coal Mining Reclamation Act, the Division finds that BTU Empire Corporation's parent company, BTU American Coal Holding, Inc., does not own or control any operations which are currently in violation of any law, rule, or regulation of the United States, or any State law, rule, or regulation, or any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)(i))• 8. The permittee does not control and has not controlled mining operations with a demonstrated pattern of willful violations of the Act of such nature, duration, and with such resulting irreparable damage to the environment as to indicate an intent not to comply with the provisions of the Act (2.07.6(2)(h)). 9. Pursuant to Rule 2.07.6(2)(i), the Division finds that the Eagle Mine Complex will not be inconsistent with other operations anticipated to be performed in areas adjacent to the proposed permit area. Therefore, the application is in compliance with the requirements of this section for the Eagle Mine Complex. Eagle Mine Complex 15 Permit Renewal 05 C-1981-044 May 22, 2009