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Musick, Jason <br />From: Nettleton, Jerry [JNettleton @peabodyenergy.com] <br />Sent: Wednesday, September 21, 2011 8:06 AM <br />To: Musick, Jason <br />Cc: Hernandez, Daniel; Davis, E. Jason; Sollars, Pat; Berdine, Mike; Dunfee, Brian P. <br />Subject: Twentymile Coal, LLC - Foidel Creek Mine (C -82 -056), NOV CV- 2011005 Abatement Plan <br />Attachments: NOV CV- 2011005 Abatement Plan R1.docx <br />Jason — <br />As a follow -up to our phone conversation, attached is the Abatement Plan addressing Abatement Step 1 for the above - <br />referenced NOV. A hard -copy follows for your files via Fedex. <br />As we discussed, the diversion of material and mixing of wastes occurred without our knowledge and consent, and we <br />have some concerns re: the justification and validity of the NOV. In the best interest of all parties involved, however, it <br />is our desire and intent to address this issue in a timely, reasonable, and responsible manner. Therefore, we are <br />requesting your assistance and cooperation in expediting review and approval of the proposed Abatement Plan, so that <br />we can initiate and complete the proposed activities as quickly as possible. <br />We stand ready to cooperate fully in resolving this issue, so please contact me with any questions relating to the <br />Abatement Plan, or if we need to discuss — <br />Best regards, <br />Jerry <br />Jerry M. Nettleton <br />Environmental Manager <br />Twentymile Coal, LLC <br />29515 RCR27 <br />Oak Creek, Colorado 80467 <br />970.870.2712 <br />inettleton@peabodyenergy.com <br />Peabod <br />'1111 ENERGY <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. <br />1 <br />