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Mr. Vern Pfannenstiel Page 2 <br />August 28, 2009 <br />Section 2.03.5 <br />4. On page 2.03-16, under 2.03.5(3), please update the paragraph to replace <br />Peabody Operations Holding, LLC with Peabody Investments Corporation. <br />Section 2.03.6(1) <br />5. Please add a description of the document that provides Sage Creek Coal <br />Company, LLC the right-of-entry provided by federal lease COC088199 (which <br />shows Sage Creek Holdings, LLC as the assignee). <br />Section 2.03.6(1-3) and Map 2.03.4-M 1 <br />6. Why are certain grantors of surface rights-of-entry (for example, Frank F. <br />Harrison, or James B. Thompson) not shown on the Surface Ownership map? <br />Section 2.04.7 <br />7. Please provide the additional spring and seep survey data collected in 2009, <br />when it becomes available. <br />8. Rule 2.10.3(1) allows the Division to require maps showing relevant information, <br />for good cause shown, based on site-specific condition. To clearly identify the <br />relationships among previous surface mine pits, bond release status of previously <br />mined areas, and potential hydrologic impacts from past surface mining and <br />proposed underground mining, please add a map to the permit application that <br />shows the following features: <br />a) Seneca II Mine and PSCM permit boundaries, <br />b) PSCM surface disturbance boundary, <br />c) Outlines of Seneca II Mine reclaimed surface mine pits, <br />d) PSCM life-of-mine workings, <br />e) Bond release blocks of the lands to be transferred from Seneca II to <br />PSCM with identification of their most recent phase of bond release, <br />achieved and the date of bond release, <br />f) Pre-law and interim law areas, identified separately, and <br />g) Fold axes and faults in the permit area and adjacent areas. <br />9. Page 2.05-77 proposes to discontinue ground water monitoring in underburden, <br />citing a lack of hydraulic communication with mine workings. Please add a few <br />statements discussing the potential for ground water from the Trout Creek <br />Sandstone to enter the PSCM workings from an unexpected fault as it has been <br />suspected of doing in the 2 West Main of the #5 Mine of the Eagle Mines in <br />Moffat County (permit page 2.05-37, Eagle Mines, Permit C-81-044). <br />10. Please either explain the rationale for grouping constant head data with the slug <br />data in Table 2.04.7-T2 and then calculating a geometric mean, or exclude