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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 />29 February 2008 <br />Mr. Jerry Nettleton <br />BTU Empire Corporation <br />29515 RCR 27 <br />Oak Creek, CO 80467 <br /> <br />Re: Eagle 5 & 9 Mines C-1981-044 <br />Permit Renewal 05 Incompleteness Letter <br />Dear Mr. Nettleton: <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />- St - <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 Division has received your 19 February 2008 submittal of the application for Permit <br />Renewal 05 (RN-05) for the Eagle 5 & 9 Mines. The Eagle 5 & 9 Mines permit will expire <br />on 6 September 2008. Pursuant to Rule 2.08.5, the BTU Empire Corporation will retain the <br />right of successive renewal for the Eagle 5 & 9 Mines, Colorado Permit No. C-1981-044, if a <br />complete application is filed with the Division no later than 10 March 2008. <br />Based on a preliminary review of the materials provided by BTU Empire Corporation in <br />accordance with Rule 2.08.5(2)(b), the Division must deem the application for RN-05 <br />incomplete. The following items will need to be adequately resolved by BTU Empire <br />Corporation prior to the Division deeming the application for RN-05 complete. Once the <br />application for RN-05 has been deemed complete, the Division will conduct its technical <br />adequacy review of the Eagle 5 & 9 Mines permit. <br />1. There is a discrepancy between the acreage numbers-listed in the RN-05 _ _ _ <br />- - -application and the attached proposed public notice. The RN-OS application lists <br />a total surface acreage number of 6,361 acres (375 acres Federal, 1,975 acres <br />State and 4,011 acres private) while the public notice lists an acreage number of <br />8,840 acres (no breakdown given). The Division's Permit System lists a total <br />surface acreage of 6,363 acres (375 acres Federal, 1,979 acres State and 4,009 <br />acres private). Please check the acreage numbers and amend either the RN-05 <br />application or the proposed public notice (or both) as necessary and resubmit <br />them to the Division. <br />2. There is a discrepancy between the USGS 7.5-minute quadrangle maps listed in <br />the RN-05 application and the proposed public notice. The maps listed in the <br />RN-05 application are Round Bottom and Monument Butte while the maps listed <br />in the proposed public notice are Round Bottom and Castor Gulch. The Division <br />believes that the correct quadrangle maps are the Round Bottom and Castor <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines