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Binns, Janet <br />From: Nettleton, Jerry [JNettleton@peabodyenergy.com] <br />Sent: Wednesday, August 04, 2010 2:56 PM <br />To: Binns, Janet <br />Subject: BTU Empire Company, LLC - Williams Fork Mine, SL-2 Release of Liability for Underground <br />Subsidence Effects - Withdrawal of Application <br />Janet - <br />As you may remember, the above-referenced liability release was submitted primarily as a means of addressing some <br />historical concerns and simplifying ongoing property negotiations, due to changes in surface ownership for a land parcel <br />within the current Permit Area. Those issues have now been resolved, and while there may be potential future benefits <br />to completing the liability release process, there is no longer a sense of urgency. <br />At this time, we would like to withdraw the SL-2 Liability Release Application. We anticipate that we will continue to <br />pursue the outstanding issues on a time-available basis, and that we may re-submit this request at some future date to <br />incorporate relevant information addressing all known issues. <br />We appreciate your consideration and assistance. Please feel free to contact me with any questions, or to discuss - <br />Best regards, <br />Jerry <br />E-mail Disclaimer: The information contained in this e-mail, and in any accompanying documents, may <br />constitute confidential and/or legally privileged information. The information is intended only for use by <br />the designated recipient. If you are not the intended recipient (or responsible for the delivery of the <br />message to the intended recipient), you are hereby notified that any dissemination, distribution, copying, <br />or other use of, or taking of any action in reliance on this e-mail is strictly prohibited. If you have <br />received this email communication in error, please notify the sender immediately and delete the message <br />from your system.