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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 />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />COLORADO <br />D I V I S I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />4 June 2009 Bill Ritter, jr <br />Governor <br /> <br />Mr <br />Jerr <br />Nettleton Harris D. Sherman <br />. <br />y Executive Director <br />BTU Empire Corporation Ronald W. Cattany <br />29515 RCR 27 Division Director <br />Oak Creek, CO 80467 Natural Resource Trustee <br />Re: Eagle 5 & 9 Mines C-1981-044 <br />Permit Renewal 05 - Moffat County Question and Mine Plan Question <br />Dear Mr. Nettleton: <br />On 22 May 2009 the Division of Reclamation, Mining and Safety (Division) proposed a <br />decision to issue for Permit Renewal 05 (RN-05) for the Eagle 5 & 9 Mines. As required <br />by the Rules, the Division notified landowners and local, State and Federal agencies of <br />the proposed decision. On the afternoon of 29 May 2009 the Division received a phone <br />call from the Moffat County Commissioners regarding the parcel of mineral rights owned <br />by Moffat County in Township 5 North, Range 91 West, Sections 4 and 5. <br />The Moffat County Commissioners inquiry was related to a 160 acre oil and gas lease <br />that was recently awarded and the potential conflicts that might arise with the mining <br />operations. Based on Map 2 - Coal Ownership, the Division determined that the legal <br />description for the mineral rights is as follows: <br />Township 5 North, Range 91 West <br />Section 4: W%2 NWI/, W%z SWI/ <br />Section 5: E'h NEI/, E%2 SEI/ <br />Based on Map 22 - Eagle No. 6 E-Seam Workings and Map 24 - Eagle No. 5 E-Seam <br />Workings, it appears as though there was very little mining in the Moffat County coal in <br />Section 5 and no mining in Section 4. Based on Map 23 - Eagle Mine No. 5 F-Seam <br />Workings, it appears as though all of the Moffat County coal in both Sections 4 and 5 <br />was mined, more or less. <br />The Division noted this information and sent it via e-mail to the Moffat County <br />Commissioners along with pdf copies of the above referenced maps (Maps 2, 22, 23 and <br />24) as well as a copy of Permit Page 2.03-17. Page 2.03-17 details the lease of the <br />Moffat County minerals rights. This lease was, in fact, a sublease made between BTUEC <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines