2015-09-18_REVISION - C2010089 (2)

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Mr. Brock Bowles September 11, 2015 Page 3 2.04.11 — Baseline Fish and Wildlife Information 1) Page 4 states that WFC commits to consult with the appropriate Federal and State wildlife officials and modem the scope and focus of the fish and wildlife protection measures and the wildlife mitigation monitoring requirements contained in Section 2.05.6. Per Rules 2.04.11(4) and 2.05.6(2), please update T&E species and discuss potential impacts to current State and Federal Threatened and Endangered plant and animal species lists. The Federal and State listed species of concern may have changed since the last revision or the issuance of the permit. Response: An updated T&E species list from the Colorado Parks and Wildlife (CPW) Department of Natural Resources has been included in Appendix 2.05.6(2)-1. 2.05.2 — Operation Plan / Life of Mine 1) The Division understands that the initial phases of mining at NHNorth differed somewhat from what was described in the initial permit. Specifically, a buffer of unmined coal resource (and overburden) was left in-place at the location of the old Peabody highwall. This modification should be reflected in at least two locations in the permit: the text of Section 2.05.2 and on the Post -Mining Cross Section D -D' on Map 2.05.4-2. In addition, potential revised impacts to the Probable Hydrologic Consequences should be reevaluated. Response: The text of Section 2.05.2 and Post -Mining Cross Section D -D' on Map 2.05.4-2 have been changed to address the buffer of unmined coal and overburden (referred to as the "buckwall") left in place at the location of the old Peabody highwall. Also, the text of Section 2.05.6(3) has been changed to address the effect of the "buckwall" on the Probable Hydrologic Consequences. 2.05.3(3) — Mine Facilities 1) The fuel dock is described in Table 2.05.3(3)-1 as being 10'x 30' in size, with a single fuel tank. Aerial photos indicate that two tanks are installed at the site, and the bermed enclosure appears to be larger than the dimensions given. Please update the Table and Map 2.05.3(3)-1 to provide an accurate representation of the fuel dock's dimensions and location. Response: Table 2.05.3(3)-1 and Map 2.05.3(3)-1 have both been updated to indicate that the New Horizon North facilities area has both a double wall fuel tank (10'x30') and a single wall fuel tank with secondary containment (18'x46'). 2) The Surface and Subsurface Man -Made Features item on Page 3 of Section 2.05.3(3) refers the reader to Map 2.05.3(3)-2. An additional reference should be included —for the Second Park Lateral Irrigation Ditch Pipeline that skirts the southern perimeter of the permit area and is AN EQUAL OPPORTUNITY1 AFElRtHATIVE ACTION EAIPLOYE17 A Touchstone Energy' Cooperative f "