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12/1/2017 State.co.us Executive Branch Mail - Re: Twentymile Coal, LLC - Foidel Creek Mine (C-82-056), TR16-84 <br />STATE OF DRMS_CoalAdmin - DNR, DNR <dnr drms_coal_admin@state.co.us> <br />'r <br />COLORADO <br />Lynch - DNR, Tabetha <tabetha.lynch@state.co.us> Thu, Nov 30, 2017 at 6:38 PM <br />To: "Nettleton, Jerry" <JNettleton@peabodyenergy.com>, DNR DRMS—CoalAdmin - DNR <br /><dnr—drms—coal—admin@state.co.us> <br />The decision date for Foidel TR 84 has been extended to May 1, 2018 <br />Thank you <br />On Thu, Nov 30, 2017 at 9:56 AM, Nettleton, Jerry <JNettleton@peabodyenergy.com> wrote: <br />Tabetha — <br />As we discussed, the proposed Mine Water Passive Treatment System has been delayed by adverse determinations <br />by the USACE relative to jurisdictional issues and a "significant nexus" determination. With remand of the Waters of <br />the US rules and additional direction under a Presidential Executive Order, these limitations may no longer be <br />applicable. <br />We are taking a two-pronged approach to try to move forward; 1) We have contacted the USACE relative to the effect <br />of these recent developments re: the applicable standards and limitations; and 2) We have identified a possible <br />alternate location which avoids any wetlands areas, have completed a jurisdictional survey to confirm the lack of <br />wetlands, and have asked for input from the USACE. We anticipate that one or both of these avenues may be <br />successful in eliminating the current USACE roadblocks, and hope to move forward with any necessary design <br />modifications and permit changes once we get some definitive response from USACE. Given these considerations and <br />anticipated time requirements, we request that the decision date for TR16084 be extended to May 1, 2018. <br />We appreciate your understanding and continuing patience as we try to resolve these outside regulatory issues — <br />Best regards, <br />Jerry <br />Jerry M. Nettleton <br />Manager Environmental Affairs <br />Twentymile Coal, LLC <br />29515 RCR27 <br />Oak Creek, Colorado 80467 <br />970.870.2712 <br />https://mail.googIe.com/mail/b/AKoSAphjRoMV08-tBrsxTrghN5bhb0yFl7j80n0uB6NgdCn_xzpJ/u/O/?ui=2&ik=deb7fOcd20&jsver=CS87NgUoRx4.en.&v... 1/2 <br />