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'~ Explicit verification for seven events that trigger reversion to active mining plan: 1. See table 9 A 2. The No. 5 Mine well pump has a maximum capacity of 600 gpm. The 7NA pump has a maximum capacity of 500 gpm (see attached pump specifications for both). Therefore, the 2000 gpm limit cannot be exceeded. 3. See table 9 4. Flow for USGS site 09251000 was estimated at 27 cfs on August 1, 2002, at 215 cfs August 1, 2003, and at 165 cfs on August 1, 2004 (See attached USGS data sheets). Therefore the minimum limit of 100 cfs was met during two of three consecutive years. See attached USGS data sheets. USGS data for this site will be attached as a table in future AHR's. 5. MSHA inspected the mine quarterly from the time the mine closed in 1995 until the Portals were sealed in 2002 (see attached MSHA records. Note: listing for Eagle # 5 mine includes No. 5 and No. 6 mines). The last MSHA documented roof fall (2'16 sq feet) was in 1997. Historically, roof conditions were excellent to the point where roof bolting was not deemed necessary until about 1980 when mining methodology (longwall) changed and wider cuts were utilized. As such, no significant roof fall was suspected in 2004. 6. Active mining ceased in 1995. As you are aware, subsidence effects typically occur for a period of a few weeks after undermining, with total subsidence ending within a year. Subsidence reports for Empire were submitted through 1996. Based upon the lack of subsidence effects along monitoring lines with data ranging from 1.5 to 6 years, Empire made a request to Erica Crosby of DMG to suspend monitoring until mining resumed. The final reports and letter to Erica are attached. No significant subsidence effects (i.e, greater than 2 feet) were noted during 2004 DMG (Janet Binns) inspections. Based upon the above, no significant subsidence effects were suspected in 2004. 7. Janet Binns can verify that BTU Empire has not submitted a Phase III bond release application to date. A bond release application is being contemplated for the Utah Tract and Williams Fork Strip Pit portions of the property. We have recently spoken to Janet Binns about this. If bond release applications are submitted for these areas, BTU Empire will submit a technical revision to the Temporary Cessation requesting that monitoring requirements revert back to the active monitoring plan only for those monitoring sites located on the portion of property undergoing release. A bond release request is not anticipated for other portions of the property within the next two years. Peabody will be examining the feasibility of re-starting the mine in the future and anticipates submitting an NOI for exploration. • Either a table, or text explanation similar to that above will be included in future AHRs.