2009-11-13_PERMIT FILE - C1982056A (7)

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Adiacent Area Water Monitoring Locations (TROS-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 Foidel Creek surface monitoring site (Reclaimed/eliminated from monitoring plan) Well AVM-1 Middle Creek alluvial monitoring well (Reclaimed/eliminated from monitoring plan) We11008-AV-1 Foidel Creek alluvial monitoring well Well 008-AV-2 Foidel Creek alluvial monitoring well Well FBR-2 Twentymile Sandstone bedrock monitoring well Well FBR-2E Trout Creek Sandstone bedrock monitoring well We11008-77-58 Wadge Overburden bedrock monitoring well 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 DischarEe 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: • Established a catchment basin downstream of the primary clean-up activities (using an existing natural basin and a straw bale/sand-bag filter dam) to intercept suspended coal fines that might escape intermediate catchment structures • Progressively established temporary intermediate catchment structures (straw bale/sand-bag/silt fence filter dams) at strategic access points below individual stream clean-up areas prior to initiating clean-up activities • Progressively recovered deposited coal fines from individual stream segments using a combination of low- pressure water hoses and wet-vacuum equipment. The recovered coal fines were placed in an excavated basin on the southeast edge of the coal refuse pile area (Area 3, where coal refuse had not yet been placed and compacted to drain and dry-out). The dried coal fines were then placed on an active refuse pile area for disposal using standard coal refuse disposal methods (placement and compaction). • Recovered accumulated coal fines from both the intermediate and final catchment structures, and disposed of them as noted above • Removed the intermediate catchment structures • Flushed residual loose material from the stream channel by increasing the discharge flow from Pond A for a limited time period • Recovered accumulated coal fines from the final catchment structures • Removed the final catchment structure MR09-236 2.05-65.5 02/23/09