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Permit Revision No.2 <br />Response to Adequacy Comments <br />Page 2 <br />Response: 2.03.4 has been updated and the corrections are attached. <br />3. In AVS, Peabody Operations Holding, LLC (entity250046) is listed as the Owner to <br />Peabody Colorado Operations, LLC (entity 249029) as of December 9, 2008. By the <br />Organization Chart in the proposed revision (2.03 AC), Peabody Investments Corp is <br />the of Peabody Colorado Operations, LLC. Either request that AVS be updated so <br />that it shows the correct owner, Peabody Investments Corp, or please submit <br />ownership and control information for Peabody Operations Holding, LLC. <br />If Peabody Operations Holding, LLC is the owner of Peabody Colorado Operations, <br />LLC please update the Org Chart and Page 2.03-1, (3) to add Peabody Operations <br />Holding, LLC in the paragraph as owner to Peabody Colorado Operations, LLC. <br />Response: Page 2.03-1 and 2.03.4-A3 have been updated and the updates are attached. <br />4. Please have AVS update Peabody Energy Corporation to show Rick A. Bowen, <br />Senior Vice President has been End Dated as of 21112009. <br />Response: The request was submitted. <br />5. The legal description of the permit area, on page 2.03-5, states that the total permitted <br />acreage is 381.7 acres. The proposed public notice accompanying the application <br />states that the permit area will be 3865 acres. Please verify the acreage figure on <br />page 2.03-5, and correct it if necessary. <br />Response: The acreage stated on page 2.03-5 has been corrected. <br />6 The proposed permit boundary shown on Exhibit 2.05-MI is inconsistent with the <br />boundary shown on maps provided for the Sage Creek permit (specifically Exhibit <br />2.04.7 MI). The revised Seneca II boundary seems to fit the landscape better, however <br />the two permit areas will overlap in some areas and there will be gaps of disturbed <br />areas that are not captured in either permit boundary. Please revise the boundary for <br />maps associated with the Sage Creek permit, or adjust the Seneca H Mine boundary <br />so that both boundaries are consistent and all disturbed areas are within one or the <br />other of the permit boundaries <br />Response: The permit boundary submitted for PR-2 is the correct boundary. Seneca has <br />reviewed the Sage Creek maps with the Sage Creek management and noted that if the non- <br />GIS formatted maps in the Sage Creek permit had been reviewed by DRMS (these are the <br />latest maps revised), it would have been evident that the boundaries are indeed the same. <br />Sage Creek management verbally indicated to Seneca that the GIS formatted maps in the <br />Sage Creek permit will be revised/corrected as soon as the next revision is submitted. <br />Seneca Coal Company • P.O. Box 670 • Hayden, Colorado 81639 <br />Telephone (970) 276-5217 • FAX (970) 276-5222