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Page 1 of 1 <br />Binns, Janet <br />From: Binns, Janet <br />Sent: Monday, January 28, 2008 3:37 PM <br />To: jnettleton@peabodyenergy.com <br />Subject: Foidel Creek Mine Creek MR226 <br />I have had an opportunity to review MR226: <br />Overall it looks good, with the Exception of text from TR58 that have not been approved, sneaking into the MR226 <br />pages. <br />As always, we need to make sure we do not inadvertently approve text changes that are currently in pending <br />permitting actions. <br />The text that needs to be removed from the MR226 revised pages are: <br />MR07-226 p. 2.05-97 (rev. 11/26/2007) Header "Coal Refuse Disposal Area Modification (TR95-21, TR05- <br />49, TR06-58)" Please remove 11TR06-58" as this TR has not been approved. <br />Next line: please remove reference to "26A-2" as this Exhibit is a part of <br />TR58 and not yet approved. <br />2nd line of the 6th paragraph: please remove the reference to "26A-2" as <br />this Exhibit is a part of TR58 and not yet approved. <br />MR07-226 p.2.05-97.1 (rev. 11/26/07) Paragraphs 5,6 & 7. beginning with, "The modification presented in <br />Exhibit 26A can be summarized as follows:" and ending with, "2) Regrading of Over-Steepened Areas- Any over- <br />steepened areas will be regraded to a maximum of 2.8H:1V, to achieve an overall sideslope configuration of <br />3HAV or flatter." As this wording was part of TR58 as well. <br />Other than those items, I think MR226 will be good. My estimate was less than yours. I am trying to get caught <br />up on pages previously approved, and filed into the permit. We are also getting caught up on scanning of <br />approved pages into the imaged permit. So, if another revision has previously approved the text I have concerns <br />with, please direct me to which revision. I also tried calling but seemed lost in the voicemail/automated directory <br />loop. The directory sent me to Phyllis when I tried typing your name into it. <br />I'll be in all this week. Hope all is well up your way. <br />Janet Binns <br />(303) 866-4944 <br />1/28/2008