2008-12-08_PERMIT FILE - C1982056A (5)

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Adiacent Area Water Monitoring Locations (TR05-51 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/Eckman Park No. 3 Mine), subsequently reclaimed, and for which, final Phase III bond release had been obtained. In 2005, TCC filed an application for modification of the Foidel Creek Mine Permit boundary (TROS-51) to remove portions of the subject lands 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 We11008-AV-1 We11008-AV-2 Well AVM-1 Well FBR-2 Well FBR-2E We11008-77-58 Foidel Creek surface monitoring site* Foidel Creek alluvial monitoring well Foidel Creek alluvial monitoring well Middle Creek alluvial monitoring well* Twentymile Sandstone bedrock monitoring well Trout Creek Sandstone bedrock monitoring well 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. Coal Fines Discharge Clean-Up (MR06-211) An accidental release of coal fines from the thickener underflow circuit resulted in discharge of coal fines to Foidel Creek. Following immediate actions to stop the discharge, limit the downstream movement of the discharged material, assess potential impacts, and notify responsible agencies and downstream water owners/users, TCC initiated clean-up activities. The clean-up activities focused on removal of any coal fines deposits from the stream channel to minimize the potential for coal fines to carry downstream during any significant fall runoff events or during spring snowmelt runoff, and included the following specific activities: MR08-230 2.05-65.5 09/05/08