REV100851 - Laserfiche WebLink

Home Browse Search

• Ms. Hook will obtain and provide Empire with information on the holding costs (taxes, insurance, management and maintenance, etc.) for the Barker property as a basis for development of reasonable figures for any lease agreement. In addition, Ms. Hook has agreed to obtain from the Barkers figures that they would consider reasonable for purchase of either the entire 640 acre parcel or a smaller 35.5 acre parcel in the extreme southeast corner of the Barker property, and to provide Empire with these figures. • Empire will proceed with development of a draft lease agreement to provide right-of--entry to the Bazker property, incorporating mutual access provisions, and providing for both phased reduction of the leased area and associated lease payments. Details of financial considerations under the lease agreement will be developed based on the information provided by Ms. Hook, will reflect Empire's anticipated use of the property, and will be negotiated between the parties. • Also, based on the information provided by Ms. Hook and relevant information from a recent certified property appraisal, Empire may develop a draft purchase agreement for all or a portion of the Barker property. Final terms of any such ageement, including financial considerations would be negotiated between the parties. • Empire is proceeding with an application for liability release for the Barker lands relative to the historic underground mining and related subsidence, and plans to follow the liability release with a permit boundary revision to remove those Barker lands not affected by surface disturbance activities from the permit area. Ms. Hook had been apprised of Empire's plan and intent. Consistent with our desire and intent to resolve this issue in a timely manner and to the mutual benefit of all parties involved, we have proceeded diligently with contacts and the July 21S` meeting with the Bazkers legal counsel and are continuing with specific actions directed towazd mutual agreement on right-of--entry and access for the Barker property. We feel that the requested extension is reasonable in view of our continued and ongoing diligent efforts; would benefit the Colorado Division of Minerals and Geology (CDMG), the landowners, and Empire; and would avoid the additional complications inherent in a premature decision based on the current situation. We believe the outstanding right-of--entry and access issues can be resolved with reasonable consideration and cooperation from the Barkers 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 reg , Jerry N eton ` TCCBTi~~mpire Corporation -Environmental Supervisor cc: David Berry/CDMG Chuck Burggraf/TCC Mike Berdine/TCC Mike Kegley/Peabody Energy Bob Bassett/I-Iolland & Hart