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Permit Revision Adequacy Comment Response November 30, 2004 Page 22 of 24 113. There appears to be an erroneous reference to the west section line of Section 2, T14S, R90W, on page 2.06-5 of the approved permit application. This was described as the endpoint of mapping on Minnesota Creek, but based on the description, it appeazs that the correct reference would have been to the west section line of Section 2, T14S, R91W. This appazent error was incorporated into the Division's subsequent findings documents. Please address this apparent error, and amend the narrative reference as appropriate. MCC Response: Change was made. 114. Narrative in paragraph 3 on page 2.06.4 indicates that the operator will "...refine the subsidence control plan for the mining area under Dry Fork" and further states that an augmentation plan is being developed that "...when finalized, will detail mitigation efforts for short and long term effects to water rights holders should unforseen factors affect the hydrology of Dry Fork". This narrative appears to be outdated. a) Please update the narrative as appropriate to summarize the aspects of the currently proposed SOD mining plan and subsidence control plan that will be implemented to preserve the hydrologic balance of those portions of the Minnesota Creek basin within the proposed permit azea. Please include reference as appropriate to detailed plans and designs in other sections of the application. b) Please address the measures that will be implemented to prevent material damage to the quantity of water in surface water systems that supply the alluvial valley floors on Minnesota Creek. Please include, as appropriate, measures that will prevent stream dewatering associated with undermining of the Dry Fork and its tributaries, and Lick Creek, and measures to prevent damage to the Deep Creek Ditch and any other water supply ditches that are located within the SOD permit area. c) Please update the status of the augmentation plan, and include reference to the appropriate section of the application. MCC Response: Exhibit 60B provides recommendations. 115. On amended page 2.04-143 there is revised language indicating that riparian vegetation and wetlands in the SOD permit area extension would not be measurably disturbed by underground mining. Please address the measures that will be implemented to prevent dewatering of the alluvial aquifer along Dry Creek associated with undermining. In addition, please address the effect that ground surface lowering associated with longwall mining is anticipated to have with respect to wetland water levels, and discuss the probable associated changes in the extent and nature of wetland areas and wetland species composition. MCC Response: Riparian text was changed to address mitigation and there is a commitment to mitigation in 2.05.6.