Laserfiche WebLink
PQabodu <br />February 15, 2005 <br />BTU EMP/RE CORPORAT/ON <br />IRECElVED <br />701 Market Street <br />Suite 733 <br />S[. Louis, Missouri 631 01-1 626 <br />314.342.3400 <br />Ms. Janet Binns <br />Environmental Protection Specialist <br />Colorado Division of Minerals and Geology <br />1313 Sherman Street -Room 215 <br />Denver, Colorado 80203 <br />(303)866-4944 <br />FEB 2 2 2005 <br />Divisi6n ~i Minerals and Geology <br />Re: BTU Empire Corporation (Empire) -Eagle Mines (Permit No. C-81-044), Status Report on Pending <br />Litigation in BTU Empire Corp. v. Ray and Brad Bazker <br />Deaz Ms. Binns: <br />Subsequent to our January 2005 Status Report re: the pending litigation in BTU Empire Corp. v. Ray and Brad <br />Bazker, the following additional related actions and submittals have occurred: <br />1) Empire completed research and preparation of appropriate responses to address the issues identified <br />in the CDMG's October 21st letter, and submitted this information to the CDMG on January 21, <br />2005 (copy attached for reference). <br />2) A scheduling conference on the November 24, 2004 filings (as referenced in the January Status <br />Report) was held with the Federal Magistrate on January 26, 2005. The Magistrate will make his <br />recommendations to the Federal Court Judge concerning the pending motions to; 1) Remand to <br />District Court; 2) Amend the Complaint to include Lisa Bazker, Glen Stinson, and the Colorado <br />DNR -Division of Pazks and Outdoor Recreation, as additional parties with affected interests; and <br />3) Intervene (by Glen Stinson, as a hunting leasee for the Bazker property -attached are Stinson's <br />Motion to Intervene, the Barker's response, and BTU Empire's reply). <br />We reasonably anticipate that the judicial proceedings in this case will not be completed by the previously <br />established extension date of February 28, 2005 (refer to extension request dated 8/30/04). At this time, we do <br />not have any firm dates relative to a hearing on the case, and will not have firm dates until after the Federal <br />Court Judge reviews and acts on the Federal Magistrate's recommendations, and a hearing is scheduled in either <br />Federal or District Court. Please contact me to discuss a further extension. We appreciate your continuing <br />interest and cooperation as we work to resolve the outstanding access issues. Please feel free to contact me with <br />any questions. <br />Best regards, <br />BTU Emnire <br />~~~~_ <br />Supervisor <br />cc: David Berry/CDMG <br />Dan HernandezlCDMG <br />Chuck Burggraf/BTU Empire Corp. <br />Mike Kegley/Peabody Energy <br />Bob Bassett/Holland & Hart <br />