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10/4/2016 State.co.us Executive Branch Mail - Re: Hayden Gulch Terminal, LLC - NOV CV -2016-002 <br />STATE OF Hernandez - DNR, Alysha <alysha.hernandez@state.co.us> <br />COLORADO, <br />Binns - DNR, Janet <janet.binns@state. co.us> Mon, Oct 3, 2016 at 1:50 PM <br />To: "Nettleton, Jerry" <JNettleton @peabodyenergy. com>, Alysha Hernandez - DNR <alysha.hernandez@state.co.us> <br />Cc: "Watterson, Brian" < BWatters on@peabody energy. com >, "Blomquist, Miranda" <MBlomquist@peabodyenergy.com> <br />Hello Jerry, <br />Thank you for your submittal of additional information and photos of abatement compliance in accordance with Rule <br />5.04.3(1). Hayden Gulch Terminal, LLC has submitted a request for an informal conference regarding Hayden Gulch <br />Load Out, NOV CV -2016-002. You requested an informal conference to be scheduled on October 14, 2016. That date <br />may be difficult for me, but I am also coordinating with Jim Stark. We will let you know when an informal conference <br />may be scheduled. <br />Janet Binns <br />Environmental Protection Specialist III <br />Coal Regulatory Program <br />P 303.866.3567 ext 8107 F 303.832.8106 <br />1313 Sherman St., Room 215, Denver, CO 80203 <br />janet.binns@state.co.us http://mining.state.co.us <br />On Mon, Oct 3, 2016 at 11:27 AM, Nettleton, Jerry <JNetlleton@peabodyenergy.com> wrote: <br />Janet — <br />We received the above -referenced NOV and have addressed Abatement Item 2 (Clear Ditch 3) and provided photo- <br />documentation, which I understand you received and acknowledged. As I previously expressed, we strongly disagree <br />with the interpretation of "mining -related disturbance" associated with the base NOV, and specifically Abatement Item <br />1, and are requesting an informal conference to discuss. I will be in Denver the night of October 13 for Stuart <br />Sanderson's retirement celebration, and could certainly meet on the morning of October 14th, if that works for you and <br />the conference officer. Please look at your schedule and let me know. <br />Also consistent with and to preserve our rights under the NOV, we are requesting a hearing before the Mined Land <br />Reclamation Board on this matter. Dependent on the outcome of the informal conference, we will make a decision as <br />to whether or not to pursue the formal hearing - <br />Best regards, <br />Jerry <br />Jerry M. Nettleton <br />https://mail.googl e.com/m ai I/u/0/?ui=2&i k=e29129fcb5&view=pt&search= i nbox&th=1578cl a7becf9acd&si m l=1578cl a7becf9acd 1/2 <br />