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EXHIBIT <br />Additionally, given the length of time required to complete the milestones outlined above, the Division is willing to <br />reduce the frequency of the written progress reports required by paragraph 31 of the NOV/CDO. By virtue of this <br />Amendment # 1 to the NOV/CDO, the Division hereby amends paragraph 31 of the NOV/CDO to read: <br />Beginning in June 2013, and every calendar quarter thereafter, until such time as this Order is closed or the <br />Division decrees so in writing, Peabody shall submit written progress reports to the Division by the end of each <br />calendar quarter. At a minimum, each report shall describe the activities undertaken in the previous calendar <br />quarter and shall specify what activities will be undertaken within the next calendar quarter to comply with this <br />Order. <br />The scope of this Amendment #1 to the NOV/CDO limited to the provisions and/or conditions outlined above. All <br />other terms, conditions, and requirements of the NOV/CDO remain unchanged and in effect. If you have any <br />questions, please contact Kelly Morgan at (303) 692-3634 or by electronic mail at kelly.morgan@state.co.us. <br />Sincerely, <br />Michael Harris, Unit Manager <br />Clean Water Compliance & Enforcement Unit <br />WATER QUALITY CONTROL DIVISION <br />ec: Emily Jackson, Assistant Attorney General, Colorado Department of Law <br />Jason Musick, Colorado Division of Reclamation, Mining, & Safety <br />Peabody Sage Creek Mining, LLC <br />NOY/CDO Number: 10-120912-1 <br />Amendment #1 <br />Page 3 of 3 <br />