2013-06-26_GENERAL DOCUMENTS - C1981044 (2)

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Peabo 1111 ENERGY Moffat County Mining, LLC 29515 Routt County Road 27 Oak Creek, CO 80467 970.879 3800 Mr. Zach Trujillo, Environmental Protection Specialist QECEIVED June 11, 2013 Colorado Division of Reclamation, Mining, and Safety (CDRMS) 1313 Sherman Street, Room 215 SUN 262013 Denver, Colorado 80203 (303) 866 -3567 X8164 pFREC (10N 101trG Re: Williams Fork Mines (Permit No. C -81 -044), Return to Temporary Cessation Status Dear Mr. Trujillo: Moffat County Mining, LLC (MCM) respectfully requests that the Williams Fork Mines, and the corresponding approved Permit, be returned to Temporary Cessation status. Operations at the former Eagle No. 5 and 9 Mines ceased in 1995 due to a combination of market, operational, and other factors, and the operation and corresponding active Permit were placed in Temporary Cessation status following CDRMS approval of TRO1- 32 in 2001. The CDRMS subsequently removed the operation and Permit from Temporary Cessation status, as a result of a series of active site reclamation activities that occurred during the period 2006 through 2010. With the exception of increased frequency for hydrologic monitoring and CDRMS inspections, however, site activities have been essentially the same as under Temporary Cessation, being limited to ongoing environmental monitoring and site maintenance. MCM does not anticipate completing any significant additional site reclamation activities in the foreseeable future. In addition, market conditions for the associated coal reserve do not justify reopening the Mine now or in the foreseeable future, so a return to Temporary Cessation status is the most reasonable approach to assure continued effective site monitoring and maintenance, while conserving MCM and CDRMS time and resources. It should be noted that significant additional mineable reserves remain, which could be readily developed if market conditions were favorable. MCM has continued to pay significant advance payments in lieu of royalties in order to retain the surface and mineral leases. There is also significant mine infrastructure (rail spur, coal handling facilities, water and wastewater systems, mine portal structures, and shop /warehouse facilities) remaining, which could be effectively utilized or upgraded to expedite and facilitate any future mine development and operations. MCM has been diligent in maintaining the Williams Fork Mines property since the time it went into Temporary Cessation, as evidenced by ongoing maintenance and monitoring efforts, and the lack of any violations since 2002. All required permits have also been maintained through timely filings and compliance with the applicable permit terms, and MCM has taken a pro- active approach in assessing and reclaiming any facilities for which there is no longer reasonable potential for future use. In support of the request that the operation and associated permit be returned to Temporary Cessation status, and consistent with the applicable requirements of Rule 4.30, MCM is providing the following relevant information: a) The affected area, within the Mine Permit Boundary, is approximately 2,300 acres. The enclosed Map provides a plan view of the mine workings.