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Binns, Janet <br />From: Jerry Nettleton [JNettleton@peabodyenergy.com] <br />Sent: Monday, August 30, 2004 12:19 PM <br />To: janet.binns@state.co.us <br />Cc: david.berry@state.co.us; cburggraf@peabodyenergy.com; mberdine@peabodyenergy.com; <br />mkegley@peabodyenergy.com; bbassett@hollandhart.com <br />Subject: BTU Empire Corporation -Permit Renewal RN-04, Request for Extension of Decision Date <br />RN-04 6ct RECEIVED <br />.equest 0804.do <br />AUG ~ ~ 2004 <br />Janet - Division of Minerals and Geology <br />As I mentioned in our phone conversation last Friday, we reached an impasse <br />in our negotiations with the Barkers re: the outstanding right-of-entry <br />issue and have found it necessary to file suit in Moffat County District <br />Court to confirm our right-of-entry to perform monitoring and maintenance <br />on the completed reclamation. Consistent with the current status and <br />anticipated timing for the court proceedings, attached is a copy of our <br />request to extend the decision date for RN-09 to February 28, 2005. I am <br />forwarding the original via mail for your reference and file. <br />I called David Berry this morning to give him advance notice of our request <br />for extension, update him on the status of our efforts to resolve the <br />problem, and explain our further plans for resolution. As I mentioned to <br />you, I have an application for liability release addressing subsidence <br />related effects due to underground mining west of State Highway 13, ready <br />for submittal, and will submit as soon as I get the required landowner <br />notifications and public notices out (probably this week). We anticipate <br />following the liability release with a Permit Revision to eliminate the <br />Barker lands (except for the 1.9 acre surface disturbance area) from our <br />permit area. <br />Hopefully, with the steps we are taking, we can address what has been an <br />unnecessary but nagging problem for us in the near future. Please feel <br />free to contact me with any questions - <br />Best regards, <br />Jerry <br />(See attached file: RN-09 Ext Request 0809.doc) <br />----------------------------------------- <br />E-mail Disclaimer: The information contained in this e-mail, and in any <br />accompanying documents, may constitute confidential and/or legally <br />privileged information. The information is intended only for use by the <br />designated recipient. If you are not the intended recipient (or <br />responsible for the delivery of the message to the intended recipient), <br />you are hereby notified that any dissemination, distribution, copying, or <br />other use of, or taking of any action in reliance on this e-mail is <br />strictly prohibited. If you have received this email communication in <br />error, please notify the sender immediately and delete the message from <br />your system. <br />1 <br />