REV100851

• Permit No: C1981044
• IBM Index Class Name: Revision
• Doc Date: 8/17/2004
• Doc Name: Decision Extension Request
• From: BTU Empire Corporation
• To: DMG
• Type & Sequence: RN4
• Media Type: D
• Archive: No

PQ-4
BT(/ EMP/RE CORPORAT/ON
July 27, 2004
Janet Binns -Environmental Protection Specialist
Division of Minerals and Geology
1313 Sherman Street, Room 215
Denver, Colorado 80203
[phone]
RECEdb~ED
AUG 1 7 "=04
Division 6f Mintrs;s and Geology
701 Market Street
Suite 733
St. Louis, Missouri 637 01-7 626
314.342.3400
RE: BTU Empire Corp., Eagle Mines (Permit No. C-81-044) -Permit Renewal (RN-04), Request for Extension of
Decision Date
Dear Ms. Binns:
With this letter, we are requesting that the decision date for the pending Permit Renewal (RN-04) for BTU Empire
Corporation's Eagle Mines be extended to September 30, 2004. As you are aware, by letter dated June 17, 2004
(copy attached for reference), we previously made a similar request. The purpose and rationale for both this and
the previous request are to allow Peabody Energy, as the new owner of BTU Empire Corporation (Empire),
sufficient time to resolve an outstanding right-of--entry issue for the inactive Eagle Mines property. The Colorado
Division of Minerals and Geology (CDMG) reviewed our original request and, on June 22, 2004, approved an
extension through July 31, 2004. This follow-up request is based on the same purpose and rationale and, in
addition, reflects our diligent efforts, described as follows, to proceed toward resolution of the outstanding issues.
Concurrent with submittal of our extension request to the CDMG, our legal counsel contacted Ms. M. Julia Hook,
of Fognani, Guibord, & Homsy, LLP, legal counsel for the Barker Trust, to discuss right-of--entry and related
issues for the Barker property. A preliminary phone conversation on June 22, 2004 resulted in agreement to
provide certain relevant information and to schedule a meeting between the parties. As a result of constraints on
the availability of the Barkers to discuss matters with their counsel and existing scheduling commitments for a]]
parties, the eazliest a joint meeting could be scheduled was July 21, 2004.
Ms. Hook, representing the Barker Trust; and Chuck Burggraf (General Manager - Twentymile Coal Company
(TCC)), Jerry Nettleton (TCC Environmental Supervisor), Mike Kegley (Senior Counsel -Peabody Energy), and
Bob Bassett (Holland & Hart, LLP), representing Empire; met on July 21, 2004. The focus of the meeting was to
identify, discuss, and mutually explore options that would address outstanding right-of--entry and access concerns
while meeting the specific needs and requirements of both parties. Options identified and discussed included:
1) A mutual access agreement (rejected in principal by Ms. Hook)
2} Anew lease for the Barker property (Barker's preferred option)
3) Empire's purchase of all or a portion of the Barker property
4) Various combinations of Options 1 through 3
As a result of this meeting, the parties have agreed to the following:
• The Barkers claim a "Historic Right-of-Entry" to their property using the "Hogback Road". On
questioning, Ms. Hook could not identify this access route on a map provided by TCC. TCC agreed to
provide a copy of the map to the Barkers, with the understanding that they would mark the access route that
they aze claiming as the historicright-of-entry, and return the marked map to Empire's representatives.