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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />COLORADO <br />D I V I S I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />February 11, 2010 Bill Ritter, Jr. <br />Governor <br />Mr. Vern Pfannenstiel James B. Martin <br />Manager Environmental Services Executive Director <br />Peabody Energy Corporation <br />3001 West Shamrell Boulevard, Suite 110 <br />Flagstaff, AZ 86001 <br />Re: Peabody Sage Creek Mine (C-2009-087) <br />Preliminary Adequacy Review of Permit Application <br />Dear Mr. Pfannenstiel: <br />The Division has reviewed Sage Creek Coal Company's (SCCC's) adequacy response <br />and permit application update package dated January 21, 2010 (received by our office <br />January 25, 2010). SCCC submitted the package in response to the Division's adequacy <br />comment letters of August 28, September 11, and September 25, 2009, and a Colorado <br />Division of Wildlife comment letter to the Division of Reclamation, Mining and Safety <br />dated August 31, 2009. <br />Our review has found that SCCC's responses adequately addresses the following <br />adequacy comments: 1 through 4, 6 through 9, 13, 15, 16a, 16b, 16c(ii), and 17 through <br />47. Set forth below are our follow-up comments regarding responses not found <br />adequate and new adequacy comments 48 through 55. The Division is in the process of <br />preparing a reclamation cost estimate which may result in additional adequacy <br />comments that we will send to you when they become available. 'Although it appears <br />from a preliminary review that all concerns of the Division of Wildlife have been <br />adequately addressed, we will forward to them the revised seed mixes for verification. <br />Additional time will be needed for SCCC's responses and our subsequent review, as the <br />current decision deadline is February 15, 2010; therefore, please request an extension of <br />the decision deadline. <br />5. Please provide the previously requested information: the description of the document <br />that provides Sage Creek Coal Company, LLC the right-of-entry provided by federal <br />lease COC088199 (which shows Sage Creek Holdings, LLC as the assignee). The <br />response provided a copy of the lease assignment, but the assignment is to Sage <br />Creek Holdings, LLC, rather than Sage Creek Coal Company, LLC. Also, please <br />make sure other right-of-entry documents that are described show Sage Creek Coal <br />Company, LLC as the grantee or lessee. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines