2013-09-09_REVISION - C1982057

• Permit No: C1982057
• IBM Index Class Name: Revision
• Doc Date: 9/9/2013
• Doc Name: Adequacy Review No. 1
• From: DRMS
• To: Seneca Coal Company
• Type & Sequence: MR76
• Email Name: JLE
• Email Name: SB1
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
September 9, 2013
Roy Karo
Seneca Coal Company
P.O. Box 670
Hayden, Colorado 81639
RE: Seneca 11-W Mine; C- 1982 -057; Minor Revision No. 76 (MR76)
Adequacy Review No. 1
Mr. Karo,
COLORADO
D I V I S 16 N OF
RECLAMATION
MINING
SAFETY
John W. Hickenlooper
Governor
Mike King
Executive Director
Loretta Pineda
Director
The Colorado Division of Reclamation, Mining and Safety (Division) received MR76 on September 3,
2013. The application was called complete for review on September 9, 2013. There are two items that
will need to be addressed prior to the Division's approval of MR76.
For Sediment Ponds 009 and 015; Seneca Coal Company(SCC) submitted a signed form "Notice
of Intent to Construct A Non - Jurisdictional Water Impoundment Structure" from the Office of
the State Engineer; Division of Water Resources (SEO). The SEO from indicates that "a low -
level outlet or means of bypassing all out -of- priority inflow must be provided to allow for
administration in the event of a call ". Rule 4.05.9(13)(d) requires the water impoundments shall
not result in the diminution of the quality or quantity of water available to water rights holders
for agricultural, industrial, recreations, or domestic uses except in accordance with applicable
state law.
SCC does not appear to be the legal owners of the land of either of these two impoundments.
The permanent impoundment demonstrations currently in the permit in Tab 20; Appendix 20 -2.2
indicate that no water rights are held on Pond 009 or Pond 015. Also, the permanent
impoundment demonstration for these two ponds does not indicate how water will be released in
the event of a call from senior water rights holders as required in the SEO approval form. Rule
3.03.1(3)(c) indicates that where a silt dam is to be retained as a permanent impoundment as
described in Rule 4.05.6 or 4.05.9, more than 60% of the bond may be release only as long as
provisions for sound future maintenance by the permittee or the landowner have been made with
the Division. Landowner approval letters to leave ponds 009 and 015 in place after reclamation
are currently in this appendix; however these letters do not indicate how the landowner will
comply with the SEO requirement to release water from the impoundments in the event of a call.
Please update the permanent impoundment demonstrations for ponds 009 and 015 to indicate
how SCC and /or the landowner will comply with the SEO requirement. Also, if there will be
action required of the landowner after the bond has been released from these ponds to comply
with the SEO requirement; please submit documentation that the landowner is willing and able
to complete this requirement. If the landowner is unable to comply with the requirement, SCC
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