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<br />Gulch maps. Please verify which maps are the correct maps and amend either the <br />RN-05 application or the proposed public notice (or both) as necessary and <br />resubmit them to the Division. <br />3. The second paragraph of the proposed public notice states that there is <br />"ownership, precise location and boundaries of lands within the permit area" on <br />pages 2.03-16 through 2.03-16d, 2.03-17 through 2.03-17f and Maps 1 and 2 of <br />the PAP. In the approved PAP there are only pages 3.02-16 and 3.02-17 (no <br />lettered pages) and these two pages only contain information regarding <br />subsidiaries of Peabody Energy Corporation. Farther back in Section 2.03 there <br />is some land description information but only in the form of general locations of <br />coal and surface leases. Maps 1 and 2 appear to be correct at this time. Please <br />correct the proposed public notice to either direct readers to the correct location in <br />the PAP or include a precise location in the notice and resubmit it to the Division. <br />Please note that if there is no precise legal description of the lands in the permit, <br />this will be addressed in the technical adequacy phase of the permit renewal <br />process. <br />4. Pursuant to Rule 2.07.3(e) please provide a more detailed description of the <br />public road which is within 100 feet of the affected area of the mine (Colorado <br />Highway 13) in the proposed public notice. Please make sure to include all of the <br />requirements of Rule 2.07.3(e) and resubmit the proposed public notice to the <br />Division. <br />5. Pursuant to Rule 2.08.5(2)(b)(iii) a copy of the Eagle 5 & 9 Mines current <br />insurance certificate was attached to the RN-05application package. There is, <br />however, a problem with the attached insurance certificate. The cancellation <br />language stating "...but failure to do so shall impose no obligation or liability of <br />any kind upon the insurer, its agents or representatives." must be removed or <br />otherwise struck-out on all insurance certificates submitted to the Division. <br />This concludes the incompleteness review for the BTU Empire Corporation's Permit <br />Renewal 05 application for the Eagle 5 & 9 Mines. As stated above, to ensure the right of <br />_successive renewal pursuant to-Rule 2.08.5, please be sure-that the above corrections are - <br />received at the Division's office no later than 10 March 2008. Please contact me at (303) <br />866-4929 if you have any questions or comments. <br />Sincerely, <br />James R. Stark <br />Environmental Protection Specialist <br />cc: Sandy Brown