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<br />Please change the language for paragraph 1 of the section, <br />"Threatened or Endangered Species" and number 4 of page 1, Tab 21 <br />of the permit application to better reflect the current situation. <br />Please make reference to all species of concern in the "Threatened <br />or Endangered Species" section of the permit (see letter received <br />by Peabody on December 10, 1992 from Keith Rose of the United <br />States Fish and Wildlife Service). <br />20. Protected Stream Status <br />A survey of a portion of Dry Creek showed the presence of eight <br />taxa, including five orders of benthic invertebrates. This appears <br />to fulfill the requirements for a biological community as defined <br />by Rule 4.05.18(3). <br />Please evaluate Dry Creek in regards to Rule 4.05.18 and state in <br />the permit the results of this evaluation and reference to the need <br />to buffer the stream (Page 3, Tab 14 of the permit application). <br />21. U.S. Fish and Wildlife Concerns <br />Peabody received concerns from the U.S. Fish and Wildlife Service <br />both verbally (Page 14, Tab 11) and in a letter dated December 10, <br />1992. <br />Please incorporate responses to these concerns into the permit. The <br />Division will provide the biological assessment requested on page <br />2 of the letter from USFWS dated December 10, 1992. <br />Facilities, Sediment Control and Operations Plans <br />22. Pond Capacity <br />Page 1, Tab 12 states the capacity of the two ponds in reference to <br />different discharge structures; the primary or secondary spillways, <br />respectively. <br />Please state the capacity of the two ponds in reference to the same <br />discharge structure. <br />23. Diversion Ditches <br />Page 2, Tab 12 notes that designs have not been submitted for all <br />structures at the loadout. <br />Please submit designs for all hydrologic structures at the mine <br />site that have not been approved by the Division. <br />24. Haul Road <br />Peabody has informed the Division that a portion of the existing <br />access road will be changed in status to a haul road. <br />