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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 />inettleton@peabodyenergy.com <br />Peabod <br />1III ENERGY <br />� <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 />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 />2 <br />