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Hernandez, Alysha <br />From: Musick, Jason <br />Sent: Wednesday, November 23, 2011 8:50 AM <br />To: Hernandez, Alysha <br />Subject: FW: NOV CV- 2011 -005 Settlement Agreement <br />Attachments: Scanned from Twentymile Mine - Peabody Energy001.pdf <br />- - - -- Original Message---- - <br />From: Nettleton, Jerry [ mailto :]Nettleton@peabodyenergy.comI <br />Sent: Wednesday, November 23, 2011 8:48 AM <br />To: Musick, Jason; Stover, Bruce <br />Cc: Hernandez, Daniel <br />Subject: NOV CV- 2011 -005 Settlement Agreement <br />Jason /Bruce - <br />Attached is a scan of the signed Settlement Agreement for the above - referenced NOV. If you <br />need the original, please let me know, and I can forward via mail. <br />As noted in the assessment conference, we feel that the NOV should never have been issued to <br />Twentymile, however our options appear to be limited by the prevailing regulatory <br />interpretation, so we feel that this is the best approach for finalizing and resolving the <br />NOV. Absent vacating the NOV, your assessment of the final penalty is fair and reasonable. <br />As discussed in the assessment conference, there are some practical problems with the <br />definitions and interpretations of the terms "Coal Waste" and "Non -Coal Waste ", which pose a <br />real difficulty relative to segregation, handling, and disposal of mine materials. We would <br />encourage your careful review and consideration of these terms /interpretations in light of <br />our discussions, and would welcome the opportunity to meet and work with you to review and <br />consider appropriate changes to the regulations or prevailing interpretation and application <br />of the regulations to address these practical problems. <br />Thanks for your time and consideration - <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 />- - - -- Original Message---- - <br />From: wcp7675@peabodyenergy.com [ mailto :wcp7675@peabodyenergy.comI <br />1 <br />