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Peabody Twentymile Coal Company 29515 Routt County Road k27 Oak Creek, CO 80467 970.879.3800 Ms. Sandra L. Brown Colorado Division of Reclamation, Mining, and Safety 1313 Sherman Street -Room 215 Denver, Colorado 80203 (303)866-3567 Re: Twentymile Coal Company - Foidel Creek Mine (Permit No. C-82-056), Request for Conference on NOV CV-2006-006 Dear Ms. Brown: Consistent with our rights under C.R.S. 34-33-123(8), we are requesting a conference for the referenced NOV. I have talked with Sandy Brown, as the Assessment Officer who signed the Notice of Proposed Penalty, re: scheduling of the Assessment Conference, given that our current abatement schedule extends through mid-December. As part of the Assessment Conference, I anticipate requesting the CDRMS's consideration of a good-faith adjustment of the proposed penalty, given our timely and diligent efforts to address each and every element of the abatement plan. Timing of the Assessment Conference becomes an issue, in that my understanding is that one of the criteria for approval of a good-faith adjustment is that the NOV be fully abated. Consideration of a request for agood-faith adjustment during the Assessment Conference, with deferral of a decision on that request and final assessment of the penalty until after the final abatement date, would be acceptable. Otherwise, it appears that it maybe appropriate to schedule the Assessment Conference after the final abatement date. In addition to the request for consideration of a good-fair adjustment of the proposed penalty, we would like to discuss the basis and considerations for the NOV, relevant considerations with respect to possible vacation of individual elements of the NOV (if appropriate), the proposed penalty assessment, and the actions we have taken to abate the NOV. Thank you for your consideration and cooperation. Best regards, Mike Berdine/TCC cc: Byron Walker/CDRMS Dan Hernandez/CDRMS