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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 />COLORADO <br />Denver, Colorado 80203 DI <br />V IS E DSION OF <br />Phone: (303) 866-3567 RECLAMATION <br />FAX: (303) 832-8106 MINING <br /> <br />June 26, 2009 SAFETY <br />Michael Ludlow Bill r <br />f, Jr. <br /> n <br />or <br />Govern <br />Sage Creek Coal Company <br />LLC <br />, Harris D. Sherman <br />29515 Routt County Road 27 Executive Director <br />Oak Creek, CO 80467 Ronald W. Cattany <br /> Division Director <br /> Natural Resource Trustee <br />Re: Peabody Sage Creek Mine (Permit No. C-2009-087) <br />New Application <br />Dear Mr. Ludlow: <br />We have received your new permit application to conduct coal mining in Colorado. Our initial review indicates <br />that all preliminary items required by Rules 2.03, 2.04, 2.05, and 2.06 have not been submitted. Thus, your <br />application is incomplete for the purposes of filing as of June 25, 2009. <br />Sage Creek Coal Company provided a well organized and fairly thorough permit application. Two item that are <br />required to be included in the application are materials necessary to comply with Rule 2.05.5(2)(b) and 2.10.2. <br />1. Please submit comments from legal and equitable owners of record of the surface of the permit area and the <br />State and local government agencies which would have to initiate, implement, approve, or authorize the use <br />of the land following reclamation in accordance with Rule 2.05.5(2)(b). <br />2. Please provide a map that distinguishes among each of the phases during which surface coal mining <br />operations were or will be conducted at any place within the permit area and adjacent area, in accordance <br />with Rule 2.10.2. <br />In accordance with Rule 2.07.3(l), you have the opportunity to amend, review, or otherwise make your application <br />complete. <br />If you have any questions, please contact me. <br />Sincerely, <br />Tom Kaldenbach <br />Environmental Protection Specialist <br />TAK/Jrc <br />cc: Vern Pfannenstiel, Peabody Energy <br />Jerry Nettleton, Twentymile Coal Company <br />GAP 01 C-2009087 TAK-0626200910582I.doc <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines