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SEr�� Seneca Coal Company <br />September 27, 2013 RECEIVED <br />Ms. Janet Binns NOV 'L 6 2013 <br />Division of Reclamation, Mining and Safety <br />1313 Sherman St., Room 215 DMSION OF RECLAMATION <br />Denver, CO 80203 MINING AND SAFETY <br />RE: Seneca H -W Mine Permit No. C-82 -057 <br />Minor Revision No. (MR -76), Supplemental Permanent Pond Demonstrations <br />Adequacy Response No.1 <br />Ms. Binns, <br />Seneca Coal Company (SCC) has reviewed the adequacy letter dated September 9, 2013 and <br />is submitting the following response. <br />For Sediment Ponds 009 and 015; Seneca Coal Company (SCC) submitted a signed form <br />"Notice of Intent to Construct a Non - Jurisdictional Water Impoundment Structure "from <br />the Office of the State Engineer; Division of Water Resources (SEO). The SEO form <br />indicates that "a low -level outlet or means of bypassing all out -of- priority inflow must be <br />provided to allow for administration in the event of a call". Rule 4.05.9(13)(d) requires <br />the water impoundments shall not result in the diminution of the quality or quantity of <br />water available to water rights holders for agricultural, industrial, recreations, or <br />domestic uses except in accordance with applicable state law. <br />SCC does not appear to be the legal owner of the land of either of these two <br />impoundments. The permanent impoundment demonstrations currently in the permit in <br />Tab 20; Appendix 20 -2.2 indicate that no water rights are held on Pond 009 or Pond <br />015. Also, the permanent impoundment demonstrations for these two ponds does not <br />indicate how water will be released in the event of a call from senior water rights holders <br />as required in the SEO approval form. Rule 3.03.1(3)(c) indicates that where a silt dam <br />is to be retained as a permanent impoundment as described in Rule 4.05.6 or 4.05.9, <br />more than 60% of the bond may be released as long as provisions for sound future <br />maintenance by the permittee or the landowner have been made with the Division. <br />Landowner approval letters to leave ponds 009 and 015 in place after reclamation are <br />currently in this appendix; however these letters do not indicate how the landowner will <br />comply with the SEO requirement to release water from the impoundments in the event of <br />a call. <br />Seneca Coal Company a P.O. Box 670 • Hayden, Colorado 81639 <br />Telephone (970) 276 -5217 • FAX (970) 276 -5222 <br />