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Binns, Janet <br />From: Binns, Janet <br />Sent: Tuesday, August 12, 2008 2:57 PM <br />To: 'Jerry Nettleton' <br />Subject: Foidel Creek Mine (C-82-056), TR08-65 - TR61, veg sampling & pumping from FCBH <br />Thank you Jerry, <br />1) 1 have printed out the proof of publication and will place it in our file. I am verifying the estimate and close to sending you <br />an adequacy letter. <br />2) 1 have been close by my phone since 1:30. Have you and Wayne Erickson figured out the questions you had? <br />As far as sampling for baseline; I have looked at Rule 2.04.10 specifically parenthesis (4) and (5). If Twentymile Coal <br />Company feels that you can collect the appropriate data, for the areas to be disturbed, that should suffice. Within the <br />permit TCC already has provided good descriptions of the vegetation communities in areas east of the WMD areas. The <br />pre-mining vegetation maps show the vegetation communities in the WMD to be the same types of communities as <br />previously described. The sampling would act as ground truthing to the existing data already in the permit. <br />With the areas having been grazed already, data on stocking levels & duration from the rancher would be valuable to <br />calculate AUM's, which can be interpreted as a productivity value. Since baseline data is a part of determining <br />completeness, it would not be something that we could stipulate. The areas of proposed disturbance would be relatively <br />small. <br />Other items: <br />3) Pumping from FCBH: Tom & I spoke about this and he is researching how to go about this. Are there any other users <br />downstream form Site 115 that would be impacted other than the Jones well. To confirm that I have it correct, TCC would <br />provide "domestic use" water to the impacted party. (Jones well users). Would there be other uses? Livestock? We would <br />need something from the rancher (written confirmation) that they are fine with the mitigation plan. A question Dan H. <br />posed, with your piping system, or with a temporary overland piping system, would you be able to pipe to Pond A or Pit 1? <br />He was looking at other options than discharging water that would exceed your standard into Fish Creek. Also, can you <br />pump to 61VIN Million gallon tank? The pipeline has been progressing this summer. Is it close to completion? <br />4) 61VIN Reservoir: I discussed this with Dan H. He felt that construction of a truncated embankment, or smaller volume <br />pond, would not solve anything. You run the risk of resubmittal to DWR-SEO and potential that the initial construction does <br />not meet State Engineers approval. You and I spoke earlier in July about what activities would state engineer's office allow <br />you to do at this time? If they are fine with site preparation, topsoil stripping, ..., communication from them (it doesn't need <br />to be formal) that prep work would not be adverse to their review, and TCC fire DRMS an MR so we can approve the <br />disturbance, reclamation plan for proposed disturbance, and cost. Construction of any part of the embankment would have <br />to wait on State Engineer's approval. Has State Engineers Office given you any feedback on what they would allow you to <br />commence? Dan did try to call Mark Haines to ask him that question, but had not heard back yet. <br />Well, I hope that at lease addresses your questions. I am here until about 4:00. <br />Sincerely, <br />Janet Binns <br />Environmental Protection Specialist II <br />(303) 866-4944 <br />From: Jerry Nettleton [mailto:]Nettleton@peabodyenergy.com] <br />Sent: Tuesday, August 12, 2008 1:09 PM <br />8/12/2008