REV11276 - Laserfiche WebLink

Home Browse Search

Given that our efforts to resolve the outstanding issues to everyone's mutual benefit have reached an impasse, Empire is proceeding with the following specific steps to address the outstanding permit right-of- entry issue: • Empire has provided a copy of a property ownership map to the Barkers, with the understanding that they will mazk the access route that they are claiming as the historic right-of--entry, and return the mazked map to Empire's representatives. • On August 18, 2004, Holland & Hart filed a complaint (copy attached for your reference), on Empire's behalf, in Moffat County District Court seeking declaratory relief recognizing Empire's right-of--entry to maintain and monitor completed reclamation on the Bazker's lands. • Empire is proceeding with an application for liability release for approximately 638 acres of the Barker lands relative to the historic underground mining and related subsidence, and plans to follow the liability release with a permit boundary revision to remove those Bazker lands (which were not affected by surface disturbance activities) from the permit azea Consistent with our desire and intent to resolve this issue in a timely manner and to the mutual benefit of all parties involved, we have proceeded diligently and in good-faith with discussions and negotiations with the Bazker's attorney. Given that these efforts have proven unsuccessful, we are now continuing with specific directed actions to address the outstanding right-of--entry issue so that we can continue reclamation maintenance and monitoring, in compliance with our approved permit. While we regret the delays in resolving the outstanding issues, we have and continue to make all reasonable efforts to reach final resolution. We feel that the requested extension is reasonable in view of our continued and ongoing diligent efforts; accurately reflects the currently anticipated timeframe for a determination by the Court; would benefit the Colorado Division of Minerals and Geology (CDMG), the landowners, and Empire; and would avoid the additional complications inherent in a premature decision based on the current situation. We appreciate your consideration of this request, would welcome your input and the opportunity to discuss any questions or related issues, and would be happy to provide any supplemental documentation that would facilitate resolution of the related permit renewal issues. Best regazds, Jerry M. Nettleton TCC/BTU Empire Corporation -Environmental Supervisor cc: David Berry/CDMG Chuck Butggraf/TCC Mike Berdine/TCC Mike Kegley/Peabody Energy Bob Bassett/Holland & Hart