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PaabOdy <br />BTU EMP/RE CORPORAT/ON <br />October 8, 2004 <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 />701 Market Street <br />Suite 733 <br />St. Louis, Missouri 63101-1826 <br />314.342.3400 <br />RECEIVE[? <br />bCT 12 2004 <br />Division of Miner6is g Geo1o9Y <br />Re: BTU Empire Corp. -Eagle Mines, Liability Release Revisions and Notice Documentation <br />Deaz Ms. Binns: <br />In response to your questions on our recent liability release application submittal, as discussed during <br />our recent phone conversation, we have revised the map and legal description of the proposed liability <br />release areas and corrected the corresponding total liability release acreage figures. Based on your <br />recommended changes, the liability release area has been reduced from approximately 1,065 acres to <br />665 acres and now includes only those azeas overlying or within the angle of draw of the historic <br />underground mine workings and within the current permit boundaries. Copies of the revised liability <br />release text and map reflecting these changes accompany this transmittal. <br />In addition, please find attached a copy of the Affidavit of Publication for the required legal notice and <br />copies of either return receipts and/or registered mail receipts for the landowner notices sent out in <br />early September. We utilized the listing of permit and adjacent property owners (surface and mineral) <br />from the Empire Mine PAP to develop a landowner mailing list and cross-checked and updated the list <br />using a current property owner list obtained from the Moffat County Assessor's Office. A total of 43 <br />landowner notices were sent out via certified mail. Signed certified mail receipts were returned by the <br />majority of the landowners. The remaining landowner letters were un-deliverable due to address <br />changes not recorded with the Assessor's Office. <br />I have been in contact with our consultant, who is completing the final "Evaluation of Current and <br />Future Subsidence Potential" report, to be forwarded to the CDMG on receipt (anticipated by <br />10/15/04). We hope that the CDMG can schedule and conduct the required liability release inspection <br />before adverse weather and field conditions make inspection difficult. Please feel free to contact me <br />with any questions regarding this request or to discuss any related matters at (970) 870-2712. We <br />appreciate your careful consideration and cooperation in reviewing this request for liability release. <br />cc: C. Burggraf/TCC M. Kegley/Peabody Energy <br />M. Berdine/TCC R. Bassett/Holland & Hart, PC <br />Best regazds, <br />