REV95791

• Permit No: C1981044
• IBM Index Class Name: Revision
• Doc Date: 3/31/2004
• Doc Name: Right of Entry Information
• From: RAG Empire Corporation
• To: DMG
• Type & Sequence: RN4
• Media Type: D
• Archive: No

C. Corwin Bromley
Assistant General Counsel
Hand Delivered
March 31, 2004
©~~
RAG American Coal
Holding, Inc.
RECEIi/E®
Janet H. Binns MAR 31 2U04
Environmental Protection Specialist
Colorado Division of Minerals and Geology 9lvisimofMineralsandGeoloyy
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Re: Eagle Mine Complex, RAG Empire Corporation
Dear Ms. Binns:
The Division of Minerals and Geology's (the "Division") letter dated January 30,
2004 to Sandra White regarding issues associated with RAG Empire Corporation's
("Empire") Eagle Mine Complex has been forwarded to me for response.
Essentially, the Division's January 30 letter asserts that my letter of January~21,
2004, sent on behalf of Empire, was insufficient in that it did not include documents or
describe documents in accordance with CRS §34-33-110(2)(j), which is a portion of the
Colorado Surface Coal Mining Reclamation Act (the "Act"), and Section 2.03.6 of the
Regulations of the Colorado Mined Land Reclamation Board for Coal Mining (the
"Regulations"), specifically with respect to a 640 tract of land owned by the Barker
family. While I respectfully disagree with the Division's conclusion that Empire had not
complied with the Act and the Regulations (as further d~~scussed below), notwithstanding,
submitted herewith is a specific map or plan of the approximately 1.5 acres of ]and in
questionz within the Barker 640 acre tract area, which is within Empire's permit area, and
which is the subject of Empire's statements and descriptions of relevant documents and
of its express and implied rights of entry set forth in the January 21, 2004 letter to the
Division. Additionally, as a further convenience to the Division, also attached hereto is a
copy of the 1968 Lease referenced in Empire's January 21, 2004 letter. Finally, Empire
would like to inform the Division that its undersigned counsel is presently involved in
ongoing discussions with the Barker's legal counsel, and they have both indicated that,
with a few additional meetings, they are optimistic of reaching a mutually agreeable.
arrangement that would address all outstanding issues between the parties with respect to
the Barker's property.
~ All of Section 36, and Lots 1Q, 11, 20 and 21 of Section 31, in T.6 N., R. 91 W., 6`" PM; and Lot
3 of Section 25 and Lot 1 of Section 36 in T.6 N., R. 92 W., 6`" PM, containing 640.51 acres, more or less.
Z Located in the SE Corner of Lo[ 21, Section 31, T.6 N., R. 91 W., 6"' PM, near the western end of
No. 5 Portal faceup highwall.
391 Inverness Parkway, Suite 333, Englewood, CO 80112-9804 • Telephone [phone] • Fax [phone]