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Binns, Janet <br />From: Jerry Nettleton [JNettleton@peabodyenergy.com] <br />Sent: Monday, April 03, 2006 9:46 AM <br />To: janet.binns@state.co.us <br />Subject: BTU Empire -Eagle 5 & (9 Mines (C-81-044), Permit Renewal RN-04 - ExtenREC~IV~~ <br />Date l D <br />APR 0 4 2006 <br />Janet - <br />Diviswn of Minerals ano Geobpy <br />Consistent with our agreement on sequencing of the pending permitting <br />actions for our Empire property, with this communication we are requesting <br />that the decision date for RN-04 be extended to May 1, 2006. This should <br />allow adequate time to resolve the final issues on the Permit Transfer <br />(SO-2), so that the renewal can reflect current ownership and permit <br />status. <br />In your phone message, you indicated that there may still be some question <br />re: the purchase of the Barker property and right-of-entry issues. We have <br />provided the Warranty Deed that documents transfer of ownership of both the <br />coal and surface to BTU Empire. The only limitations under this deed are a <br />reserve royalty for any coal that is mined on the property and a <br />time-limited extension of the existing hunting lease, so there should be no <br />outstanding right-of-entry issues. If you or the AG's Office <br />representative have questions or concerns, please let me know and we can <br />get our legal counsel involved - <br />Best regards, <br />Jerry <br />----------------------------------------- <br />E-mail Disclaimer: <br />The information contained in this e-mail, and in any accompanying <br />documents, may constitute confidential and/or legally privileged <br />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, <br />or other use of, or taking of any action in reliance on this e-mail <br />is strictly prohibited. If you have received this email communication <br />in error, please notify the sender immediately and delete the message <br />from your system. <br />1 <br />