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Thank you, <br />to our satisfaction. This will be particularly important at the Deakins Pit in order to ensure that all of the <br />waste material has been removed from the backfilled pit slopes. <br />Dustin Czapla <br />Environmental Protection Specialist <br />Department of Natural Resources <br />Division of Reclamation, Mining and Safety <br />101 South 3 Suite 301 <br />Grand Junction, CO 81501 <br />Phone: (970) 243 -6299 <br />Fax: (970) 241 -1516 <br />From: Musick, Jason <br />Sent: Wednesday, September 21, 2011 10:02 AM <br />To: Czapla, Dustin <br />Cc: Shuey, Steve; Hernandez, Daniel <br />Subject: FW: Twentymile Coal, LLC - Foidel Creek Mine (C -82 -056), NOV CV- 2011005 Abatement Plan <br />Dustin, <br />Attached is the proposed plan by Twentymile coal to abate the NOV issued for the offsite disposal of underground <br />development waste and noncoal waste at the Deakins and Ross Pits. Look it over and let me know if Minerals has any <br />issues with the proposed plan and the activities proposed at the two pits. <br />Thanks, <br />Jason <br />From: Nettleton, Jerry [mailto: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 />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 />2 <br />