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�WILDEARTH <br />GUARDIANS <br />A FORCE FOR NATURE <br />BY CERTIFIED MAIL <br />RETURN RECEIPT REQUESTED <br />February 22, 2016 <br />Glenn Kellow <br />President and Chief Executive Officer <br />Peabody Energy <br />Peabody Plaza <br />701 Market St. <br />St. Louis, MO 63101 <br />Re: Notice of Intent to File Suit Against Peabody Energy Over Violations of the U.S. <br />Surface Mining Control and Reclamation Act <br />Dear Mr. Kellow: <br />Pursuant to the Surface Mining Control and Reclamation Act ("SMCRA"), 30 U.S.C. § <br />1270, and regulations thereunder at 30 C.F.R. § 700.13, WildEarth Guardians hereby notifies <br />you that we intend to file suit in federal court against Peabody Energy over ongoing violations of <br />SMCRA and regulations implementing SMCRA. <br />Specifically, Peabody Energy is failing to comply with reclamation bonding requirements <br />under SMCRA with regards to its operations at several permitted coal mines in Colorado, New <br />Mexico, and Wyoming. Peabody has failed to notify respective state regulatory agencies that the <br />company no longer qualifies for self -bonding, and to post an alternative bond within 90 days, as <br />required by 30 C.F.R. § 800.23(g). Under SMCRA regulations, if a company fails to post an <br />adequate bond, it must "cease coal extraction." 30 C.F.R. § 800.16(e)(2). <br />SMCRA provides that, "[A]ny person having an interest which is or may be adversely <br />affected may commence a civil action [] to compel compliance [] against any [] person who is <br />alleged to be in violation of any rule, regulation, order or permit issued pursuant to this [30 <br />U.S.C.] subchapter [V]." 30 U.S.C. § 1270(a)(1). A civil action under SMCRA may not be <br />commend prior to "sixty days" after the violator has been given notice of the violations. 30 <br />U.S.C. § 127 (b)(1)(A). With this letter, WildEarth Guardians is notifying Peabody Energy that <br />if the violatio is documented herein are not resolved in 60 days, we intend to file suit in federal <br />court to enfor e SMCRA. Below, we detail Peabody Energy's violations. <br />1536 Wynkdop, Suite 310 Denver CO, 80202 303-437-7663 fax 505-213-1895 www.wildearthguardians.org <br />DENVER RAMIE • MISSOULA • PORTLAND • SAN DIEGO • SAN FRANCISCO • SANTA FE • SALT LAKE CITY • TUCSON <br />