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Page 1 of 1 <br />Hernandez, Daniel <br />From: Berry, David <br />Sent: Friday, March 14, 2008 5:42 PM <br />To: 'Barbe, Henry' <br />Cc: Kaldenbach, Tom; Hernandez, Daniel; Cattany, Ron; Cheryl. Linden@state.co.us; Berry, David <br />Subject: RE: Schedules for PR-12 Dry Fork, Tr Nos. 111 and 112 for E Seam Methane Drainage Wells <br />Henry - Following discussion with our legal counsel, I need to confirm that we will not be able to provide TR 111 approval <br />with the requested stipulation regarding future US Forest Service access approval. USFS approval is a component of the <br />legal right of entry documentation that is required prior to making an approval finding. <br />Thank you, David Berry <br />From: Berry, David <br />Sent: Friday, March 14, 2008 12:56 PM <br />To: 'Barbe, Henry' <br />Cc: Nolte, Doug; Hansen, Chris; DiClaudio, Gene; Kaldenbach, Tom <br />Subject: RE: Schedules for PR-12 Dry Fork, Tr Nos. 111 and 112 for E Seam Methane Drainage Wells <br />Thanks Henry. <br />Tom verifies that we can meet the schedule request. <br />I will get back to you on the issue of stipulating Forest Service approval, though we are not likely to change our position on <br />this issue. We understand that the stipulation potentially saves 10 days, but we remain concerned that such a stipulation <br />would not be legally correct, thus incurring the risk of valid appeal and further delays due to the appeal liability. <br />Thanks. <br />David <br />From: Barbe, Henry [mailto:HBarbe@archcoal.com] <br />Sent: Friday, March 14, 2008 12:40 PM <br />To: Berry, David <br />Cc: Nolte, Doug; Hansen, Chris; DiClaudio, Gene; Kaldenbach, Tom <br />Subject: Schedules for PR-12 Dry Fork, Tr Nos. 111 and 112 for E Seam Methane Drainage Wells <br />Dave: As we discussed in our meeting of March 13, 2008, attached are the revised schedules for PR-12 Dry Fork <br />Federal Lease COC-67232, TR-111 E1 Panel Methane Drainage Wells, and TR-112 E 2 through E 12 Panels Methane <br />Drainage Wells. <br />If you have questions please call me at 970 929-2238. <br />Thanking you in advance---Henry Barbe <br />********** Email Disclaimer ********** <br />The information contained in this e-mail, and in any <br />accompanying documents, may constitute confidential and/or <br />legally privileged information. The information is intended only <br />for use by the designated recipient. If you are not the intended <br />recipient (or responsible for delivery of the message to the <br />intended recipient), you are hereby notified that any dissemination, <br />distribution, copying, or other use of, or taking of any action in <br />reliance on this e-mail is strictly prohibited. If you have received <br />this e-mail communication in error, please notify the sender <br />immediately and delete the message from your system. <br />6/18/2008