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Binns, Janet <br />From: Brad Barker [bbarker188@earthlink.net] <br />Sent: Sunday, November 14, 2004 11:47 AM <br />To: Janet binns <br />Cc: Ray Barker <br />Subject: mine inspection <br />Janet; I will be in Colorado for the inspection on the 18th of this month. Please contact me and let me know when and <br />where I can meet you, and how this procedure works. I am still trying to figure out what, exactly, Peabody is attempting to <br />gain by obtaining a release of liability. To that end I have more questions that I would like to ask you. <br />1. Approximately 100 acres of the northern part of our property is not included in the area that Peabody wants to exclude <br />from liability. What does this mean? Would they still want an access to the northern part of our property? Would they be <br />allowed to keep the mining permit on property that they do not have a contract for. <br />2 what is the status of Peabody's mining permit for the area to the west of our property. If they are allowed to drop our <br />property in that area it would leave any area of approximately 200 acres (a triangular shaped piece located in round <br />bottom) isolated from the remainder of their permitted area. My question is are they allowed to maintain their mining <br />permit for all the different pieces if they fragment it. <br />3. If they are dropping their mining permit on any of these areas, does that property immediately become available to <br />other entities? Could these areas the combined with our property to form a logical mining unit and marketed to someone <br />who is interested in mining this area. <br />4. If this property is reopened for mining in the future and the as-mined maps are proven to be inaccurate is Peabody <br />exempt from liability? <br />In Pennsylvania recently, inaccurate or fraudulent maps resulted a catastrophic Flooding of a mine and the dramatic <br />rescue of trapped mine workers. The costs of that rescue bankrupt the mining operation. Apparently they had no way of <br />going back on the mining operation that had created the original maps. <br />My question is what liability does Peabody have for the reliability of the maps they submitted to you, and what happens to <br />that liability if they are allowed to release the area. <br />Brad Barker 206.650.0290 <br />bbarker188CcDearthtink. net <br />1 /4/2005 <br />