2015-11-24_REVISION - C1981008 ‎(2)‎

• Permit No: C1981008
• IBM Index Class Name: Revision
• Doc Date: 11/24/2015
• Doc Name: Midtern Review & Findings
• From: DRMS
• Type & Sequence: MT7
• Email Name: BFB
• Email Name: DIH
• Media Type: D
• Archive: No

(SL13). This 2015 Midterm Review revised cost estimate is $132,359.95 more than the current bond held
of $5,300,000.

Bond Release SL-16 is currently being reviewed by the Division and will soon be approved. SL-16 will
release $436,761.74 of the reclamation costs, lowering the RCE to below the current bond amount. The
Division anticipates that SL-16 will be approved before the MT-7 compliance date of February 26, 2016.

SECTION IV MIDTERM ADEQUACY QUESTIONS

Pursuant to 2.08.3, the Division finds that the permit application C-1981-008 contains deficiencies
following the review for the purpose of fulfilling the requirements of the Colorado Surface Coal
Mining Reclamation Act, and the Regulations of the Colorado Mined Land Reclamation Board for
Coal Mining. The Division requests that the permittee correct the deficiencies by submission of
revised permit pages under appropriate revision applications, or by activities on the ground, by
February 26, 2016.

2.03.10 Identification of Licenses and Other Permits

1. Please update expiration dates for all the permits in this section.

2.04.11 Baseline Fish and Wildlife Information

1. Page 2.04.11-4 references the original Peabody Permit application: Volume D Tab 11 for the
original wildlife study conducted for the permit area. Please update this page to indicate that this
information is included in Attachment 2.04.11-1 of the permit. Also, please update the table of
contents of this section of the permit to cite this attachment.

2.05.4(2)(e) Revegetation Requirements

1. The post-mining land use on the Morgan Property and a small tract of land (3.96 acres) by pond 13
is irrigated cropland. Both of these areas will use the irrigated cropland reference area on the
Morgan property as their success standard. The Morgan property was recently planted and is now
in year 2 of the 10 year liability period and will most likely achieve final bond release before the
pond 13 area. It is not clear in the permit what the success standard will be for the pond 13 area if
the Morgan reference area is released first. Have arrangements been made with the Morgans to
continue to use the irrigated cropland reference area after final bond release?

4.05.13(1) Groundwater Monitoring

1. Written interpretations of monitoring data have not been included in the annual hydrology
reports. There are identified impacts occuring to the hydrologic balance and additional
interpretation of data by the operator is appropriate, as can be requested in accordance with
Rule 4.05.13(4)(c )(iii). Please commit to providing a written interpretation of monitoring
data in annual hydrology reports which discusses identifying trends including description
of water level and provide annual potentiometric surface maps.
New Horizon Mine -6- 11/25/2015