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PQabodu <br />April 15, 2005 <br />BTiI/ EMP/RE CORPORAT/ON <br />RECEIVED <br />701 Market Street <br />Suite 733 <br />St. Louis, Missouri 631 01-1 826 <br />314.342.3400 <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 />APR 18 2005 <br />Diviaron o! Minerals aM GrrrMOpy <br />Re: BTU Empire Corporation (Empire) -Eagle Mines (Permit No. C-81-044), Status Report on Pending <br />Litigation in BTU Empire Corp. v. Ray and Brad Barker <br />Dear Ms. Binns: <br />Subsequent to our March 2005 Status Report re: the pending litigation in BTU Empire Corp. v. Ray and Brad <br />Barker, the following additional related actions and submittals have occurred: <br />1) On Apri14, 2005, the Federal Magistrate submitted his recommendations on the November 24, <br />2004, and subsequent supplemental filings, to the Federal Court Judge. Those recommendations <br />(copy attached for reference) address the pending motions to; 1) Remand to District Court; 2) <br />Amend the Complaint to include Lisa Barker, Glen Stinson, and the Colorado DNR -Division of <br />Parks and Outdoor Recreation, as additional parties with affected interests; and 3) Intervene (by <br />Glen Stinson, as a hunting leasee for the Barker property). The Federal Magistmte has <br />recommended that the case be remanded back to District Court in Craig, Colorado. <br />2) On March 2, 2005, the CDMG provided Empire with a letter outlining specific Adequacy Concerns <br />relative to Empire's September 15, 2004 Application for Liability Release. Empire has completed <br />preliminary review of the CDMG's adequacy comments, and anticipates contacting the CDMG to <br />schedule a meeting during April to review the adequacy concerns. In the mean time, Empire is <br />proceeding with research and preparation of responses and supporting documentation to address the <br />CDMG's adequacy comments. <br />We anticipate that the recommendation to remand the case back to District Court, if accepted by the Federal <br />Judge, will allow the District Court to proceed with scheduling of the case in the near future. Given their current <br />status and progress, however, we reasonably anticipate that the judicial proceedings in this case will not be <br />completed by the most recent extension date of April 29, 2005 and will take at least 60 to 90 days to reach some <br />point of decision. At this time, therefore, we respectfully request that the Decision Date for Permit Renewal <br />RN-04 be extended to July 1, 2005. We appreciate your continuing interest and cooperation as we work to <br />resolve the outstanding access issues. Please feel free to contact me with any questions. <br />Best <br />~~~p~~/ GLL~! bilebi <br />Supervisor <br />cc: David Berry/CDMG <br />Dan HernandezJCDMG <br />Chuck Burggraf/BTU Empire Corp. <br />Mike Kegley/Peabody Energy <br />Bob Bassett/Holland & Hart <br />