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I can go into much detail, but awaze of the DMG's role not to act as property rights arbiter, I will simply include <br />the documentation for your review. What Peabody has done is make representations to the DMG as though <br />they in fact are working for a solution with us, while all the time most likely preparing for some sort of contest <br />to the DMG regulations. In the recent letter to the DMG they play loose with the narrative and dates. (see <br />attached) <br />The offer made to us is the same we rejected in the very letter RAG used to terminate the lease on our land. <br />And even further RAG had offered to bring back the old terms. Now Peabody (who as a new owner we had so <br />much hope) has gone back to RAG's original position - in essence two steps backwards. <br />It is cleaz to us that they do not have any intention of complying with the DMG requirements. Furthermore they <br />have cost us considerable time and money ($30K in legal fees to date). <br />Our plans now are to file trespass charges against Peabody and since they continue to deny access to our legal <br />and historic right of way - We intend to build a road where Coal Mine road connects with our property. <br />This will put the road going over the very spot where the reclamation work is being done. We realize this will <br />be an issue for the DMG and unlike Peabody we will work diligently with the DMG on best efforts in this <br />matter. <br />As stakeholders please keep us informed of opportunities to speak in public forums as the DMG continues in <br />the next process with Peabody. <br />Respectfully, <br />Ray Barker 206.650.5006 <br />Brad Bazker 206.650.0290 <br />8/10/2004 <br />