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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 />C O L O RA D O <br />Denver, Colorado 80203 DIVISION OF <br />Phone: (303) 866-3567 RECLAMATION <br />FAX: (303) 832-8106 MINING <br /> <br /> SAFETY <br /> Bill Ritter, Jr. <br />6 January 2010 Governor <br /> Harris D. Sherman <br />Mr. Jerry Nettleton Executive Director <br />BTU Empire Corporation Ronald W. Cattany <br />29515 RCR 27 Division Director <br /> Natural Resource Trustee <br />Oak Creek, CO 80467 <br />Re: Eagle 5 & 9 Mines C-1981-044 <br />Minor Revision 48 <br />Dear Mr. Nettleton: <br />The Colorado Division of Reclamation, Mining and Safety (Division) has received the <br />BTU Empire Corporation (BTUEC) submittal of Minor Revision 48 - operator and mine <br />name change. The revision was received on 21 December 2009 and deemed complete on <br />30 December 2009. The Division has reviewed the submittal and has the following <br />adequacy questions. <br />Rule 2.03.4 - Identification of Interests <br />1. Please update the revised permit pages in Exhibit 42, Ownership and Control <br />Information, for Peabody Colorado Operations, LLC as follows: <br />a. Please show that Edward L Sullivan, Assistant Secretary, has been End Dated <br />as of January 1, 2009. <br />b. Please add Mary L Frontczak, as Assistant Secretary, with a Begin Date of <br />January 1, 2009. <br />2. Please update the revised permit pages in Exhibit 42, Ownership and Control <br />Information, for Peabody Investments Corporation as follows: <br />a. Please show that Walter L Hawkins, Jr, Treasurer, has been End Dated as of <br />November 10, 2008. <br />b. Please show that Daniel Jauiche, Vice President, has been End Dated as of <br />January 1, 2009. <br />c. Please add Eric Ford, Chief Operations Officer, with a Begin Date of <br />November 10, 2008. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines