2008-03-25_REVISION - C1982056 (2)

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Binns, Janet From: Jerry Nettleton [JNettleton@peabodyenergy.com] Sent: Tuesday, March 25, 2008 10:47 AM To: Binns, Janet Cc: mberdine@peabodyenergy.com; Brickley Cowman; Brickley Cowman; jshoemaker@peabodyenergy.com; bwatterson@peabodyenergy.com Subject: Twentymile Coal Company - Foidel Creek Mine (C-82-056), Outstanding Revisions -Status, Withdrawal (TR06-57), and Request for Extension (TR07-61) Janet - We have several outstanding and upcoming revisions for Permit C-82-056. The following summarizes the outstanding revisions and their status: TR06-57, 6MN Pond Modifications - This revision proposes to convert the existing 6MN containment pond to a conventional discharging pond. The revision, submitted on 08/28/06, was determined incomplete on 09/01/06, TCC prepared and submitted a completeness response on 10/18/06, however, field review with Byron Walker resulted in a decision to modify the proposed design, requiring additional surveying and other work. Given other higher priorities, the project was put on hold, and TCC anticipates preparing and submitting a replacement completeness response incorporating the revised design sometime this spring. TR06-58, Refuse Pile Design Modification - In conversations with Byron Walker, TCC indicated our intent to prepare and submit a request for CDRMS approval to initiate cover material replacement on completed portions of our existing coal refuse pile. In response to these conversations, Byron, in conjunction with one of his regular mine inspections, inspected the completed portions of the refuse pile, checked the as-built slope angles, and made notes of his observations. In comparing his field notes with the permitted designs, he noted that one portion of the toe slope appeared to be slightly oversteepened relative to the design specifications. The initial solution proposed was to check with the design engineer to determine whether or not the slightly elevated toe slope would meet applicable stability criteria. If so, a revision could be prepared and submitted for approval, without modifying the regraded slope (was a concern due to the need to carry regrading to the top of the slope). The revision was prepared and submitted in November 2006, however, with further thought and review with our earthwork contractor, TCC determined that with the existing benching, the lower slope could be regraded without reworking the entire slope. This work was completed and checked against the design specifications for consistency. TCC anticipates submitting an as-built survey this spring, along with a request for approval to initiate cover placement and reclamation activities on the completed portion of the pile. Given this change in approach, TCC hereby withdraws our application for TR06-58. TR07-61, 6MN Mine Water Storage Reservoir - Due to reservoir size, the proposed reservoir requires permitting and approval by the CDRMS, MSHA, and the State Engineer. It is my understanding that both the CDRMS and MSHA have completed their reviews and find the design information acceptable, however, State Engineer approval is required prior to issuance of the final CDRMS and MSHA approvals. We are submitting the State Engineer package this week, and anticipate that it may take up to 60 days for them to complete their review, therefore, we request that the decision date for TR07-61 be extended to 06/01/08. Permit Renewal RN08-05 - Submitted 11/25/07. Currently being reviewed by CDRMS PR08-07, Western Mining District Development and Mining - Anticipate submittal of this revision late in second quarter 2008 (currently trying to schedule CDRMS meeting to provide overview and discuss baseline requirements) TR08-64, Refuse Pile Expansion - Anticipate submittal of this revision late in second quarter 2008 TR08-65, Washplant 2 Drainage Modifications - Anticipate submittal of this revision early