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Peabody <br />From: Musick, Jason fmailto :Jason.Musick @state.co.usl <br />Sent: Monday, September 26, 2011 12:11 PM <br />To: Nettleton, Jerry <br />Subject: RE: NOV CV- 2011005 Revised Abatement Plan <br />Jerry, <br />Step No. 3 still states that "Work with our contractor to process the imported material currently stockpiled at the Ross <br />Pit (plus the additional material transferred from the Deakins Pit)." Please revise this to exclude the statement <br />concerning additional material being transferred from the Deakins Pit. <br />Thanks, <br />Jason <br />From: Nettleton, Jerry Finailto :JNettleton @peabodyeneray.coml <br />Sent: Monday, September 26, 2011 12:07 PM <br />To: Musick, Jason; Hernandez, Daniel <br />Cc: Davis, E. Jason; Berdine, Mike; Sollars, Pat; Wallace, Dave; Bud Bower (bowrbros (amindspring.com) <br />Subject: NOV CV- 2011005 Revised Abatement Plan <br />Jason — <br />As a follow -up to our phone conversation this morning, attached is a revised Abatement Plan reflecting loading and <br />haulage of the roughly 250 cy of imported material stockpiled at the Deakins Pit to the Foidel Creek Mine for further <br />processing. This approach addresses the Minerals Group's concern that the Ross Pit is not permitted to receive and <br />stockpile material. <br />It is also my understanding that the Coal and Minerals Groups have come to agreement that any material that has been <br />blended and backfilled into the Deakins Pit is the responsibility of the Minerals Group and the operator of the Deakins <br />Pit. <br />Per our conversation, you will review the attached, notify the Minerals Group, and they will notify both 3B Enterprises <br />and Bower Brother that they are approved to proceed with activities under the revised Abatement Plan. <br />Thanks for your cooperation and assistance in resolving the outstanding issues so that we can proceed — <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 />jnettleton@peabodyenergy.com <br />2 <br />