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Peabody <br />BTU Empire Corporation <br />29515 Routt County Road #27 <br />Oak Creek, CO 80467 <br />970.879.3800 <br />FEB ,? 0010 <br />Mr. James Stark ???zmaon, <br />Environmental Protection Specialist D?v?n??g a?`d Sales <br />Division of Reclamation, Mining, and Safety <br />1313 Sherman Street - Room 215 <br />Denver, Colorado 80203 <br />(303) 866-3567 X8145 <br />February 5, 2009 <br />RE: BTU Empire Company, LLC. - Eagle 5 & 9 Mines (Permit C-81-044),2009 Annual <br />Reclamation Report (ARR) <br />Dear Mr. Stark: <br />Enclosed are duplicate copies of the 2009 Annual Reclamation Report for the Williams Fork Mines <br />(formerly Eagle 5 & 9 Mines). The Mine property remains in Temporary Cessation, and the only new <br />disturbance or reclamation completed during 2009 was final reclamation of the No. 9 Portal Area and <br />associated Refuse Disposal Area. Site maintenance and monitoring activities continued, as in previous <br />years, under the Temporary Cessation status. <br />BTU Empire Company, LLC (BTUEC) completed final reclamation grading, drainage reestablishment, <br />soil material replacement, and revegetation seeding of approximately 17.1 acres, encompassing the No. 9 <br />Portal Area and adjacent Refuse Disposal Area, in May 2009. Reclaimed areas were reseeded with the <br />approved seed mixture in the fall. <br />Ongoing site maintenance and monitoring activities continued. During 2006, the frequency of surface and <br />ground water monitoring was increased to provide for updated hydrologic information, in the event that <br />Peabody decides to pursue further exploration and feasibility evaluations for the Empire property, and the <br />more intensive hydrologic monitoring continued during 2007-through 2009. Maintenance activities <br />included inspection and clean-out of drainage structures (as needed), and focused weed- and control <br />activities. During 2007, there was an oil pipeline rupture, which resulted in a localized oil spill on the <br />southern portion of BTUEC's property (outside of mine permit area). BTUEC Staff coordinated with the <br />pipeline operator (Rocky Mountain Pipeline) on containment, clean-up, and remediation. Inspection of <br />the affected area during 2008 indicated effective removal of oil contamination, restoration of effective <br />drainage (several intermediate catch basins removed, but final catch basin remains in-place), placement of <br />imported soil materials, and initial vegetative reestablishment. Visual inspection of this area indicates <br />effective vegetative establishment. <br />No rodent-control activities occurred during 2009. The 2005-2007 control efforts were effective in <br />significantly reducing the ground squirrel population, and while rodents are still observed on the property, <br />population numbers seem to have stabilized. The Williams Fork irrigation ditch remains open and usable <br />following beaver control efforts in 2006.