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Peaboig <br />Twentymile Coal <br />29515 Routt County Road 27 <br />Oak Creek, CO 80467 <br />970.879.3800 <br />Mr. Mark Haynes, P.E. <br />Chief - Dam Safety Program <br />Colorado Division of Water Resources <br />1313 Sherman Street - Room 818 <br />Denver, Colorado 80203 <br />303.866.3581 X8276 <br />Re: Twentymile Coal Company - Foidel Creek Mine, Conversion of Application for Approval of Jurisdictional <br />Minor Dam (6MN Mine Water Storage Reservoir) <br />Dear Mr. Haynes: <br />In reviewing the issues yet to be resolved, our available resources, and timing constraints, re: our recent <br />discussions on the pending application for approval of the 6MN Dam, we have determined that it makes sense to <br />lower the spillway and reduce the available storage capacity of the proposed reservoir, in order to expedite <br />remaining approvals and construction. We have, therefore made these modifications in the design, and have <br />worked with the DWR District Engineer (John Blair) to permit the proposed structure as a non jurisdictional <br />impoundment. Attached is a copy of the associated approval. <br />Given that we have converted the pending application to a non jurisdictional approval, we withdraw our <br />application (latest submittal dated 05/07/08) for approval of a Jurisdictional Minor Dam. We understand and <br />recognize the regulatory limitations and timeframes relating to conversion of a non jurisdictional impoundment <br />to a jurisdictional structure, and at this time have no plans or intent to modify the proposed structure in the <br />future. <br />We appreciate your cooperation and input through the initial review process. <br />Jerry M. Nettleton <br />Environmental Manager <br />Twentymile Coal Company <br />29515 RCR27 <br />Oak Creek, Colorado 80467 <br />970.870.2712 <br />j nettleton@peabodyenergy. com <br />i2m} ronorr?e