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Walker, Byron <br />From: Jerry Nettleton [JNettleton@peabodyenergy.com] <br />Sent: Wednesday, July 28, 2004 5:41 PM <br />To: byron.walker@state.co.us <br />Cc: mberdine@peabodyenergy.com (o <br />Subject: Foidei Creek Mine -Union Pacific Railroad Disturbance Activities 0 S <br />C' ~ a ~2 C~~'r <br />C''"/i <br />Byron - <br />As a follow-up to our phone conversation yesterday, the UP Railroad is <br />doing some work within the railroad right-of-way in anticipation of <br />longwall mining underneath the railroad in the near future. The work <br />involves placement of fill on the railroad embankment sideslopes as a base <br />for increased ballast height to elevate the track prior to mining-related <br />subsidence (pre-humping). The work is occurring in Section 11, TSN, R86W <br />at and near the location where the railroad crosses Fish Creek and includes <br />extension of the existing culverts on the east side of the railroad <br />road-bed. Based on similar previous work, these activities will be of <br />limited duration (approximately one to two weeks) and are occurring during <br />relatively low flow conditions in the Creek. <br />While we cannot control what the UP does within their right-of-way, we did <br />want to make you aware of this activity and have contacted the UP Track <br />Foreman for this area and requested that they place silt fence and/or <br />excelsior rolls between their disturbance and Fish Creek at any location <br />where disturbance is proximate to the Creek to control and minimize <br />sediment contributions. We have also requested that they place multiple <br />silt fence barricades downstream of any activities on Fish Creek during the <br />culvert extension work. We are checking on and monitoring their activites, <br />and working with the UP to try to minimize any potential adverse impacts <br />from their ongoing activities. <br />While I don't believe that we have any specific obligations for these <br />activites under our approved permit, I did want to make you aware of them <br />and the actions we are taking to protect the environment and water quality. <br />If you have other thoughts or interpretation, please contact me to discuss <br />Best regards, <br />Jerry <br />----------------------------------------- <br />E-mail Disclaimer: The information contained in this e-mail, and in any <br />accompanying documents, may constitute confidential and/or legally <br />privileged information. The information is intended only for use by the <br />designated recipient. If you are not the intended recipient (or <br />responsible for the delivery of the message to the intended recipient), <br />you are hereby notified that any dissemination, distribution, copying, or <br />other use of, or taking of any action in reliance on this e-mail is <br />strictly prohibited. If you have received this email communication in <br />error, please notify the sender immediately and delete the message from <br />your system. <br />1 <br />