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Agreement to Set Aside and Declare Void Ab [nitio That Certain Recreational Lease <br />Agreement (Lease w/DNR-Division of Parks and Outdoor Recreation) Dated February 3, 2004 <br />(4/22/05, effective 2/3/04) <br />3) [n May, BTU Empire's attorney prepazed and submitted a response to the Bazker objections <br />withdrawing the request to add the DNR- Division of Parks and Outdoor Recreation as a party to the <br />suit; reiterating that Lisa Barker and Glen Stinson should properly be included as parties to the suit, <br />given their affected interests; and reiterating the request and contention that the suit should be <br />remanded back to District Court, consistent with the U.S. Magistrate's recommendations. <br />4) 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 a <br />detailed review of the CDMG's adequacy comments, proceeded with research and preparation of <br />responses and supporting documentation, and finalized and is submitting a response package on <br />December 15th to address the CDMG's adequacy comments. <br />At BTU Empire's request, the CDMG extended the Decision Date for Permit Renewal RN-04 to January 1, <br />2006. Given the status and ongoing nature of the related court proceedings, BTU Empire is requesting that the <br />CDMG further extend this Decision Date to March 1, 2006. Thank you for your continuing interest and <br />cooperation, as we work to resolve the outstanding access issues. Please feel free to contact me with any <br />questions. <br />Best regards, <br />BTU Empire Corporation <br />Jerry M. Nettleton <br />Environmental Supervisor <br />cc: David Berry/CDMG <br />Dan Hernandez/CDMG <br />D.L. Lobb/BTU Empire Corp. <br />Jeff Klinger/Peabody Energy <br />Bob Bassett/Holland & Hart <br />