REV103394

• Permit No: C1981044
• IBM Index Class Name: Revision
• Doc Date: 11/18/2004
• Doc Name: November 2004 Status Report Barker Lawsuit
• From: BTU Empire Corporation
• To: DMG
• Type & Sequence: RN4
• Media Type: D
• Archive: No

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Ms. Janet Binns
Environmental Protection Specialist
Colorado Division of Minerals and Geology
1313 Sherman Street -Room 215
Denver, Colorado 80203
[phone]
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division of rylinerals and Ceolo9Y
701 Marice[ Street
Suite 733
S[. Louis, Missouri 631 01-1 826
314.342.3400
Re: BTU Empire Corporation (Empire) -Eagle Mines (Permit No. C-81-044), Status Report on
Pending Litigation in BTU Empire Corp. v. Ray and Brad Bazker
Deaz Ms. Binns:
Subsequent to our October 2004 Status Report re: the pending litigation in BTU Empire Corp. v. Ray
and Brad Barker, the following additional related actions and submittals have occurred:
1) On October 18, 2004, Empire filed an Answer to the Barker's Counterclaims filing of
September 27, 2004 (copy of filing attached for reference).
2) On October 21, 2004, the CDMG notified Empire that the application for liability release
had been determined complete, identified several issues that need to be resolved in order to
make a determination on the requested liability release, and indicated that a liability release
inspection would be conducted within the next thirty days.
3) Empire is proceeding with research and preparation of appropriate responses to address the
issues identified in the CDMG's October 21st letter.
4) On October 22, 2004, Janet Binns forwarded comments received from the Bazkers on the
proposed liability release to Empire.
5) Subsequent to review of the landowner comments from the Bazkers provided on 10/22/04,
Empire is proceeding with prepazation of appropriate responses, to be provided to the
CDMG.
6) After contacting and coordinating with all parties involved, the CDMG scheduled the
required liability release inspection for November 18, 2004.
7) On October 27, 2004, Empire filed a motion to Remand Civil Action No. 04-MK-1992
back to the District Court for Moffat County (copy of filing attached for reference).
8) On November 4, 2004, representatives of BTU Empire Corp. met with the Department of
Natural Resources, the CDMG, the Deparlment of State Parks, and the Attorney General's
Office to discuss inclusion of the Department of State Parks and other parties in the pending
civil action in order to allow for conclusive resolution by the court of their related access
and right-of--entry for the disputed properties. BTU Empire Corp's counsel is currently
working with representatives of the Attorney General's Office to clarify the scope of any
associated filings.
9) Empire provided the Office of Surface Mining, Reclamation, and Enforcement with a full
copy of the liability release application and all relevant updates, in prepazation for the
liability release inspection on November 18th.