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Page 2 of 3 <br />Information for Peabody Investments Corp., Peabody Operations Holding, LLC, Peabody <br />Colorado Operations, LLC, and Moffat County Mining, LLC. The Division did not receive <br />an officers and directors list for Peabody Energy Corporation. Please submit an officers and <br />directors list for Peabody Energy Corporation. <br />3. Item resolved. <br />Rule 2.04.11— Fish and Wildlife Resource Information <br />Division: Asper Rule 2.07.6(n), the Division is required to make a findings that activities <br />would not affect the continued existence of endangered or threatened species or result in the <br />destruction or adverse modification of the critical habitats as determined under the <br />Endangered Species Act of 1973 (16 SUC Sec. 1531 et seq.) or the Nongame, Endangered <br />or Threatened Species Conservation Act (Section 33 -2 -101 et seq., C.R.S.). <br />Please ensure that all information in Section 2.04. 10 Vegetation Information, Section <br />2.04.11— Fish and Wildlife Information, Section 2.05.6(2) Fish and Wildlife Plan, Exhibit <br />14 Vegetation Information and Exhibit 15A Threatened, Endangered and Sensitive <br />Species Information and confirm to the Division in writing that all threatened and <br />endangered species, candidate species and their habitats listed for Moffat County have been <br />discussed and evaluated. <br />MCM.• The most recent USFWS Colorado list and the corresponding IPaC mapping were <br />reviewed, and it was confirmed that no TES species or critical habitat (with current use) <br />occur within the Mine Permit Area The corresponding Permit text was reviewed, updated, <br />and revised to reflect the most recent information. <br />Division: The Division is currently waiting for the Colorado Division of Parks (DPW) and <br />Wildlife to review and respond back to the Division regarding MCM's updated TES listing <br />for the Williams Fork Mines. Once DPW reviews and responds to the Williams Fork Mines <br />updated TES listing, the Division will send future adequacy questions as needed. <br />Rule 3.02.2 — Determination of Bond Amount <br />Division: As per Rule 3.02.2(4), the amount of the performance bond required shall be <br />adjusted for good cause as affected land acreages are increased or decreased or when the <br />cost of future reclamation changes including the cost of abating any violation for which a <br />notice of violation has been issued. <br />The bond amount for the Williams Fork Mines'Permit Renewal #6 will be addressed within <br />a future adequacy letter. <br />MCM.• MCM will review the Division's updated bond reclamation cost estimate on receipt <br />and provide any appropriated comments. <br />