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United States Department of the Interior BUREAU OF LAND MANAGEMENT Colorado State Office 2850 Youn~eld Street Lakewood, Colorado 80215-7076 fN REPLY REFER TO: Certified Mail FEB 18 200 RECEI~/EC FEB 2 3 2005 www.co.blm.gov CO-921(ItZ) 3451 C-0117192 Coal Mountain Coal Company, LLC One CityPlace Dr., Ste. 300 St. Louis, Missouri 63141 Decision Division ~f Minerals and Geology Lease Terms and Conditions Readiusted Coal lease C-0117192 was issued effective June 1, 1965, and was last readjusted effective June 1, 1995. It becomes subject to readjustment of its terms and conditions on ]une 1, 2005. Notice of intent [o readjust coal lease C-0117192 was sent to the lessee, Mountain Coal Company, LLC on June 4, 2003. As provided in the Mineral Leasing Ac[ of 1920, as amended (41 Slat. 437, 30 U.S.C. 181 et seq.), and the regulations at 43 CFR 3451, we aze hereby readjusting [he terms and conditions of [he lease. A copy of the lease is enclosed. The readjusted terms and conditions shall become effective June 1, 2005. This action has been reviewed for conformance with the Bureau of Land ManagemenPs public land health standards adopted Febmary 12, 1992 The readjustment will not adversely affect achievement of the public land health standards. The annual rental remains at $3 per acre or fraction thereof as provided in the current lease. The royalty rates established by law and by regulation at 43 CFR 3473.3-2 remain at 12'/z percent of [he value of [he coal removed from a surface mine and at 8 percent for coal removed from an underground mine. The value of the coal shall be determined in accordance with the regulations at 30 CFR 206, as amended. The adequacy of the lease bond is reviewed periodically and adjusted when necessary to reflect changed conditions. The required bond amount remains at $5,000. Payments of rentals and royalties must be submitted to the Minerals Management Service in accordance with that agency's regulations in Title 30, Code of Federal Reeulations. in accordance with the regulations at 43 CFR 3451.2(b) and (e), this decision constitutes the final action of the Bureau of Land Management on all the provisions contained in [he readjusted lease. The effective date of the readjusted lease shall not be affected by the filing of any appeal of, or subsequent civil suit regazding, any of the readjusted terms and conditions. Within 30 days of receipt of [his decision, you have [he right of appeal to the Board of Land Appeals, Office of the Secretary, in accordance with the regulations at 43 CFR 4.400. If an appeal is taken, the procedures outlined in [he enclosed form CSO 1842- 1, Information on Taking Appeals to the Board of Land Appeals, must be strictly followed. The appellant has the burden of showing that the decision appealed from is in error. - _ State Director a of Energy, Lands and Minerals Enclosures Readjusted Lease Appeal Sheet (Form 1842-1) cc: FOM, Uncompahgre FO w/Ise MMS w/Ise OSMRE w/Ise CDMG w/Ise DOJ w/lse Governor