2008-01-03_PERMIT FILE - X200720511

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Musick, Jason From: Musick, Jason Sent: Thursday, January 03, 2008 9:41 AM To: 'Jerry Nettleton' Subject: RE: Twentymile Coal Company -Status of Outstanding NOI's Jerry- Thank you for your response concerning the status of the NOI's. NOI CX-2005-205-10 The NOI has not yet been approved, due to the ongoing right-of-entry issue. Please see our letter dated July 21, 2005. Activities proposed under this NOI may not proceed until approved NOI CX-2006-227-01, AM-Ol Amendment O1 under CX-2006-227-O1 has not yet been approved. Therefore this NOI amendment is not considered revised at the moment. Activities proposed under this NOI amendment may not proceed until approved. NOI CX-2007-205-11 The Division has no record of receiving a bond for this NOI. As such, this NOI has not been approved, and activities proposed under this NOI may not proceed until approved. If you have any questions please feel free to contact me. Regards, Jason -----Original Message----- From: Jerry Nettleton [mailto:JNettleton@peabodyenergy.com] Sent: Friday, December 21, 2007 1:49 PM To: Musick, Jason Cc: Brickley Cowman; Brickley Cowman; rthompson@peabodyenergy.com Subject: Twentymile Coal Company - Status of Outstanding NOI's Jason - In response to your inquiry dated 12/10/07 on the status of outstanding Twentymile Coal Company (TCC) NOI's, the following summarizes current information and status: NOI CX-2005-205-10 The proposed exploration program addresses exploration activities that would occur over a three-year period from 2005-2007, within the existing TCC Permit Area, including completion of up to 10 exploration boreholes and five seismic lines. Due to ongoing negotiations with one of the surface landowners and budgetary constraints, none of the proposed exploration activities have been completed to date. TCC has an ongoing interest in completing the proposed exploration activities, and would like to extend the existing NOI for an additional three-years (ie: through 2010). If it does not appear that the proposed activites will reasonably be completed during this extension period, TCC will withdraw the NOI. NOI CX-2006-227-01, AM-O1 The proposed exploration program addresses exploration activities that would occur over a three-year period from 2006-2008, within the Big Elk Project Area, including completion of up to 33 exploration boreholes and phased geotechnical investigations. During 2006, 6 deep and 4 shallow (twinned) boreholes were completed, and limited geotechnical work was completed. The NOI 1