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Susan Burgmaier -3- September 12, 2014 <br />BRL - The augmentation plan was prepared to satisfy a BLM lease stipulation. The lease <br />stipulation will state the augmentation plan will be in place prior to commencing mining <br />activities on lease COC -75916 that could cause subsidence. <br />16. Issue resolved. <br />Rule 2.05.3 — Operation Plan <br />25. BRL did not provide a response to this issue: Please provide information on BRL's <br />proposed plans for disposal of the coal processing waste, as required by Rule 2.05.3(8), that <br />will be generated as a result of mining the reserves in the PR -14 expansion area. <br />BRL - BRL is negotiating with Terror Creek LLC to purchase its Terror Creek Loadout. The <br />property will be permitted as a coal mine waste disposal area. <br />Rule 2.05.6 — Mitigation of the Impacts of Mining Operations <br />Rule 2.05.6(3) — Protection of the Hydrological Balance <br />27. Issue resolved. <br />28. Issue resolved. <br />31. The Division indicated that weekly flow monitoring on the West Fork of Terror Creek <br />would be required as each panel passes beneath the creek. BRL revised pages 2.05 -126 and <br />2.05 -169 to indicate that flow conditions on the West Fork of Terror Creek would be monitored <br />with real time data, except that monthly monitoring would replace the real time data in <br />freezing or high flow conditions. The Division agreed that monthly monitoring would suffice <br />during freezing conditions, but indicated that during active undermining, flow should be <br />observed at least weekly to ensure that BRL is able to quickly resolve any issues resulting in <br />diminution of quantity to users of water in the creek. The latest revision does not commit to <br />weekly monitoring of high flows when real time data is unavailable. Please revise page 2.05- <br />126 to include a commitment to weekly monitoring, when real time data is not available, of <br />flow in the West Fork of Terror Creek during high flows as the longwall in Panels 21, 23, 24, <br />25, and 26 passes beneath the creek. The flow monitoring plan should be: <br />• Real time data when it is available (expecting that it will be unavailable during <br />high flow and freezing conditions). <br />• In the absence of real time data: <br />o High flow. Monthly, increasing to weekly during those periods of <br />undermining (three months prior and six months following extraction) <br />when the West Fork of Terror Creek lies within the predicted angle of <br />draw. <br />• Freezing Conditions: Monthly. <br />• Real time data equipment otherwise inoperable: Weekly. <br />