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12. Page 2.05-52 indicates that three private residences are located within the permit area but are outside of the <br />planned mining area. Based on a review of Map 25 and Map 24, one private residence is located within the <br />proposed longwall panel north of the 10' East Gate Road. Please update this section of the permit to <br />indicate this. In accordance with Rule 2.05.6(6)(b), please update this section of the permit to indicate the <br />worst possible consequences which subsidence, if it occurred, could have for this structure. Also please <br />update the subsidence control plan for the private residence to address the applicable requirements of Rule <br />2.05.6(6)(f). <br />Rule 2.07.7 — Conditions of Permits <br />13. Rule 2.07.7(9) requires continuous, uninterrupted bond coverage at all times and an adequate bond amount <br />must be maintained pursuant to the requirements of Rule 3.02.2. The cover letter to MR55 indicates that <br />at the time of closing of the sale, a revised bond will be submitted. A new Performance Bond will need to <br />be submitted by the operator and approved by the Division. <br />2.05.3 Operation Plan/Permit Area <br />14. Please re-evaluate the mine facilities as described in section 2.05 of the permit, listed in Table 56, and <br />Shown on Maps 25 and 26. Those facilities not being maintained and not intended for future mining or <br />related operations need to be reclaimed in accordance with the approved reclamation plan. <br />4.05.2 Water Ouality Standards and Effluent Limitations <br />A review of two years of Discharge Monitoring Reports submitted to the CDPHE indicate that samples were taken <br />and water quantity and quality were reported. No exceedances of the primary effluent limitations were noted with <br />the exception of one exceedance of Iron in the third quarter 2015 (Outfall 022A / Site SP1 1110ug/L versus the <br />permit limit of 1000ug/L). The reports were received quarterly and filed with the Division within 90 days of sample <br />collection. <br />Rule: 4.05.2(5) Sediment Pond Construction <br />Sediment Pond designs are found in Exhibit 18 of the permit document. This exhibit comprises numerous drawings, <br />SedCad runs and summary information. The reclamation plan (Section 2.05.4) of the permit addresses sediment <br />pond maintenance. The ponds are designed to handle a 10 -year 24-hour event as required by this rule. <br />This section of the rules is adequately addressed in the permit with the exception of - <br />15. <br />£ <br />15. Exhibit 18 states that during a pond evaluation by Leonard Rice Consulting Water Engineers, Inc., it was <br />not possible to determine the volume and detention time of ponds 9-P2 and 9-P3. Please provide this <br />information or indicate where in the permit this information can be found. <br />16. For all existing ponds please update the pond summary information on page 22 of Exhibit 18 to provide <br />information on: <br />a. Crest Elevation <br />C1981044 Midterm 2016 Findings.docx Page 8 <br />