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Section VI -Identified Issues and Required Revisions <br /> Pursuant to 2. 08. 3, the Division finds that the permit application C- 2009-087 contains two deficiencies <br /> following the review for the purpose of fulfilling the requirements of the Colorado Surface Coal Mining <br /> Reclamation Act, and the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining. <br /> Item 1: NPDES permit <br /> Exhibit 2.05.3 E3, CDPHE-Water Discharge permit includes a permit which expired December 31st <br /> 2020. As of January 2023, pg 2.03-21 of the permit references the NPDES permit as "Renewal <br /> Pending". DRMS understands that this permit has previously been held up in the appeals process and <br /> was updated as part of MT2. Please clarify for the Division if this permit is still in the process of <br /> renewal. If a new NPDES permit has been acquired, please update the appropriate text to reflect this and <br /> submit a copy of the current permit for update in the PAP. <br /> Item 2: State permit <br /> Section 2.03-21 of the permit references the Colorado Division of Reclamation, Mining and Safety <br /> Permit, citing an expiration date of August 20, 2020. DRMS requests that this text be updated to reflect <br /> the permit renewal which occurred in 2020. The updated expiration date should be August 20, 2025. <br /> Section VII—Reclamation Liability and Performance Bonding <br /> The last reclamation cost estimate was developed for Permit Renewal No. 2 (RN2) on March 12, <br /> 2020. The Division's reclamation costs have not been updated since that date. However, a <br /> summary of those costs in addition to any revision adjustments has been completed for this 2023 <br /> Midterm Review. As of February 20, 2023, the Division estimates liability at the Peabody Sage <br /> Creek Creek Mine is $3,681,766. This amount is sufficient to assure completion of the remaining <br /> reclamation work at the site if the work had to be performed by the Division, including the cost <br /> of re-establishing vegetation on any revegetated areas, should those areas fail. These increases <br /> are due to general updates in the cost estimate related to inflation. The permittee currently has on <br /> deposit with the Division one cash bond in the amount of$3,389,947.00. Therefore,there is a <br /> deficiency of$219,891.00. The additional amount of$219,891.00 is due to the Division within <br /> 30 days of the date of receipt of this letter. Otherwise, please provide the Division with a reason <br /> the increase is not warranted. <br /> This concludes the 2023 Midterm Review of the Peabody Sage Creek Mine. Please submit any <br /> required revision applications responding to the issues outlined in Section VI on or before May <br /> 5, 2023. <br /> Op COl0 <br /> e <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 I `�' O <br /> �`1876� <br />