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-----Original Message----- <br />From: Jerry Nettleton [mailto:JNettleton@peabodyenergy.com] <br />Sent: Tuesday, September 12, 2006 9:31 AM <br />To: byron.walker@state.co.us <br />Cc: mberdine@peabodyenergy.com; Dave Wallace <br />Subject: Twentymile Coal Company, Sedimentation Pond E - Unanticipated Coal Fines <br />Discharge <br />Byron - <br />As a follow-up to my notification call this morning, attached is a memo <br />outlining details re: the unanticipated coal fines discharge from Pond E <br />and our immediate and proposed response and clean-up actions. We have also <br />contacted the CDPHE to report this situation. Please review and contact me <br />to discuss - <br />Best regards, <br />Jerry <br />(See attached file: Pond E Discharge Memo.doc) <br />E-mail Disclaimer: <br />The information contained in this e-mail, and in any accompanying <br />documents, may constitute confidential and/or legally privileged <br />information. The information is intended only for use by the <br />designated recipient. If you are not the intended recipient (or <br />responsible for the delivery of the message to the intended <br />recipient), you are hereby notified that any dissemination, <br />distribution, copying, or other use of, or taking of any action <br />in reliance on this e-mail is strictly prohibited. If you have <br />received this email communication in error, please notify the <br />sender immediately and delete the message from your system. <br />