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Consistent with our desire and intent to resolve this issue in a timely manner and to the mutual benefit <br />of all parties involved, we have proceeded diligently and in good-faith with discussions and <br />negotiations with the Barker's attorney. Given that these efforts have proven unsuccessful, we are now <br />continuing with specific directed actions to address the outstanding right-of--entry issue so that we can <br />continue reclamation maintenance and monitoring, in compliance with our approved permit. While we <br />regret the delays in resolving the outstanding issues, we have and continue to make all reasonable <br />efforts to reach final resolution. We feel that the requested extension is reasonable in view of our <br />continued and ongoing diligent efforts; accurately reflects the currently anticipated timeframe for a <br />determination by the Court; would benefit the Colorado Division of Minerals and Geology (CDMG), <br />the landowners, and Empire; and would avoid the additional complications inherent in a premature <br />decision based on the current situation. We appreciate your consideration of this request, would <br />welcome your input and the opportunity to discuss any questions or related issues, and would be happy <br />to provide any supplemental documentation that would facilitate resolution of the related permit <br />renewal issues. <br />Best regards, <br />Jerry M. Nettleton <br />TCClBTU Empire Corporation -Environmental Supervisor <br />cc: David Berry/CDMG <br />Chuck Burggraf/TCC <br />Mike Berdine/TCC <br />Mike Kegley/Peabody Energy <br />Bob Bassett/Holland & Hart <br />