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May 07 04 03:03p <br />May 7, 2004 <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 />RE: PERMIT NO. C-81-044; EMPIRE CHANGE OF OWNERSHIP <br />Dear Ms. Binns <br />This letter is to confirm that the RAG Empire Corporation experienced a change of <br />ownership, from its pazent company of RAG American Coal Holding to BTU <br />Worldwide, Inc. (a Peabody Energy Corporation subsidiary) on April 16, 2004. Attached <br />are listings of the officers with contact numbers and addresses for both Peabody and <br />BTU. <br />Note that RAG Empire Corporation (Permittee) has changed its name [o BTU Empire <br />Corporation {BTU EC). This name change was required as "RAG" had to be removed <br />since this entity is no longer affiliated with RAG American Coal Holding. This name <br />change will not result in a transfer of assets or liabilities. BTU EC will be the legal entity <br />responsible for all permit requirements. The bonds for all permits will remain the same. <br />The only change will be that of ultimate liability now being switched to BTU Worldwide. <br />Per our telephone conversation of this day, BTU Empire is in the process of completing a <br />succession of operators (SO) form, to be signed and notarized by our new Operations <br />Manager, Mr. Chuck Burggraf. Following this action, the SO will be forwarded to Mr. <br />Tom Lien, Vice President of Western Operations for RAG American Coal Holding, and <br />then onto yourself for final approval. In the interim I have revised the permit text, <br />including changing references from RAG EC to BTU EC where appropriate. <br />If additional information is required, please contact meat (970) 870-2750. <br />Sincerely, <br />yJ c //~j/1/~j <br />Brian A. Watterson, R.G. <br />Geologist, Environmental Group <br />Twentymile Caal Company <br />p.2 <br />attachments <br />