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Giving reasonable consideration to the preliminary information we have received, we are proceeding diligently to try to resolve this situation. The following summarizes specific steps taken toward resolution: 1) In October 2003, following a site visit and discussions with the Barkers, Mr. Rick Mills drafted a letter to the Barkers proposing preliminary terms for off-setting right-of-way agreements providing the Barkers with documented legal right-of--entry to their property over Empire surface and access to the Barker property for reclamation maintenance and monitoring and repair of any surface subsidence damage. 2) RAG commissioned an independent appraisal of the of the Barker property in January 2004 to determine fair market value, as a basis for any future lease/purchase negotiations 3} Peabody Energy's legal counsel, Mr. Moms W. Kegley, has been briefed on the issues invoived and has contacted Mr. Robert Bassett of Holland and Hart to assist in negotiations with the Barkers and resolution of the related legal issues. Mr. Bassett was previously involved in this situation with Cory Bromley of RAG, and so is familiar with the issues involved. 4) I contacted David Berry of the Division on 6/8/04 to discuss current status, options for resolution, and timeframes, and agreed to keep Mr. Berry informed re: related ongoing activities 5) Mr. Bassett has contacted Ms. M. Julia Hook of Fognani, Guibord, & Homsy, the Bazker's most recent legal counsel, to discuss their perspective, desires, and a potential way ahead relative to mutual access agreements and resolution of outstanding issues. While other options exist and may be pursued as appropriate, as a first step Peabody Energy is pursuing the off- setting right-of--way agreements discussed with the Barkers in October 2003, through our respective legal counsels. We are also considering application for liability release and a permit boundary revision to remove those Barker lands not affected by surface disturbance activities from the permit area. As indicated by the preceding summary, we have initiated specific activities and are developing specific plans to address the right-of--entry issue on apro-active and timely basis. We feel that the outstanding right-of--entry issue can be resolved but, as a new owner, need a reasonable period of time to work on resolution. We appreciate your consideration of this request and would welcome your input or the opportunity to discuss any questions or related issues. Best regard Jerry eton BTU Ei ' e Corporation -Environmental Supervisor cc: David Berry/CDMG Chuck Burggraf/TCC Mike Berdine/TCC Mike Kegley/Peabody Energy Bob Bassett/Holland & Hart