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Adjacent Area Water Monitorine Locations (TROS-51) In 2004-2005 Peabody Energy, TCC's parent Company, identified lands within the Mine Permit Area which would not be required or affected by current or future underground mining operations or associated mining-related activities. In general, these lands include a combination of lands that had never been disturbed or otherwise affected by mining operations, and lands that had been disturbed by previous historic surface mining operations (Middle Creek No. 3 Mine), subsequently reclaimed, and for which, final Phase 111 bond release had been obtained. [n 2005, TCC filed an application far modification of the Foidel Creek Mine Permit boundary (TROS-51) to remove portions of the subject (ands from the Foidel Mine Permit Area to facilitate potential sale and development of these lands. Several water monitoring sites are located within the area proposed for removal from the Mine Permit Area as shown on the Hydrologic Monitoring Plan Map (Map 13A): Site 304 Foidel Creek surface monitoring site* Well 008-AV-1 Foidel Creek alluvial monitoring well Well 008-AV-2 Foidel Creek alluvial monitoring well Well AVM-1 Middle Creek alluvial monitoring well* Well FBR-2 Twentymile Sandstone bedrock monitoring well Well FBR-2E Trout Creek Sandstone bedrock monitoring well Well 008-77-58 Wadge Overburden bedrock monitoring well Note: * Eliminated from Hydrologic Monitoring Plan and reclaimed All of the identified monitoring sites are accessed from pre-existing County or ranch roads. TCC recognizes and accepts their continuing responsibility for both ongoing hydrologic monitoring and reclamation of the identified active monitoring sites under the terms of the approved Mining and Reclamation Permit. In addition, TCC recognizes that these sites are still considered permitted facilities and, as such, have a discrete permit area associated with their physical disturbance limits. In order to address both the applicable regulatory requirements and their responsibilities, Peabody Energy will; 1) Identify the sites as part of an active mine permit area with appropriate signage; 2) Include provisions in any land sale agreements reserving continued right of access and use for monitoring, maintenance, and reclamation of these sites; and 3) Manage and reclaim the sites as "Adjacent Area Water Monitoring Sites", as allowed under the applicable regulatory provisions. (b) A description of each existing structure, for which there are specific design criteria or performance standards specified in these Rules, proposed to be used in connection with or to facilitate the surface coal mining and reclamation operations. The description shall include: (i) (A) Location: (B) Plans of the structure which describe its current condition; (C) Approximate dates on which construction of the existing structure was be ue nand completed; and (D) A showing, including relevant monitoring data or other evidence, whether the structure meets the design requirements or performance standards of Rule 4 or is eligible for exemption from the design requirements as set forth in 2.07.6. (ii) A compliance plan for each existing structure that is proposed to be modified or reconstructed for use in connection with or to facilitate the surface coal mining and reclamation operation. The compliance plan shall include: (A) Design specifications for the modification or reconstruction of the structure to meet the requirements of these Rules: TROS-51 2.05-65.5 06/27/06