2017-01-24_REVISION - C1982057 - Laserfiche WebLink

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SENECA PROPERTY, LLC - SENECA IIW MINE (C-82-057) PERMIT RENEWAL RN06 RESPONSES TO REMAINING ADEQUACY COMMENTS 2) Rule 4.05.9(13) and Stipulation No. 39: SP has previously been approved to allow ponds to remain as permanent features. Tab 20, Attachment 20-2, in the PAP shows that Ponds 005, 009, 015 have been approved by the Division as permanent ponds, and have been approved by the Colorado State Engineer's Office (SEO). Stock Ponds T-2, T-3, T-5, T-18, T-20, T-24, T-26, and T-27 have been approved as permanent features by the Division, and have received approval by the SEO. a. The Division has approved Ponds 006, 016, and 017 to remain as permanent features, but SP has not provided SEO's approval for these ponds. Please submit the appropriate State Engineer's office approvals for these three permanent ponds. Response: The SEO has issued a storage right for Pond 006, so it is effectively approved as a permanent structure. SP is providing copies of the SEO application and approval with this submittal. SP has contacted the local SEO office to arrange for inspection and approval of Ponds 016 and 017 as permanent impoundments, however, the SEO has not been available to complete this effort. SP will continue to pursue these approvals, and will provide that documentation when received. a2) State Engineer's Office approvals were not submitted by SP for Pond 016 and 017. SP's response letter states that SEO application for Pond 006 was submitted with the adequacy response. The Division did not receive any documentation of SEO approval or application with the adequacy response package. The permit is not out of compliance on this item, but this documentation will need to be submitted prior to final bond release application. Response a2: A copy of the SEO decree for an absolute water right for Pond 006 accompanies these responses. We continue to pursue SEO approval for permanent retention of Ponds 016 and 017, however it is likely that inspections of these ponds will not occur until spring or early summer. Documentation of approvals for these ponds will be provided on completion of this process. b. Stock Pond T-22 has not been approved as a permanent feature by the Division or SEO. SP conducted maintenance on this pond in 2014. SP will need to submit a Technical Revision in accordance with Rule 4.05.9(13) for T-22, if it intends to retain this stock pond as a permanent feature. Response: SP anticipates that it will be beneficial to retain this stock pond as a permanent feature in conjunction with the approved postmining land use, and will prepare and submit a Technical Revision and obtain SEO approval in the near future. b2) SP anticipates future permitting for Stocktank T22. Stocktank T22 is in compliance at this time, but permitting or reclamation of this stock tank will be necessary prior to final bond release. Response b2: SP is aware of the permitting and approval requirements for permanent retention of Stocktank T22, will continue to pursue the related permit and SEO approvals, with the objective of having these in place prior to application for final bond release. 3) For all permanent ponds and stock ponds, SP needs to provide the maintenance agreements in accordance with Rule 3.03.1(3)(c). Please note that this agreement is different from the agreements required by Rule 2.05.5(1)(b) and Rule 4.03.2(g)(ii). Response: SP has established an agreement in accordance with the specific requirements of Rule 3.03.1(3)(c). This agreement can be found on page 5 of Tab 13. This agreement has been reviewed relative to the referenced regulatory requirements, expanded as appropriate, and is included in this submittal for replacement in the PAP. SP has agreed to take responsibility for the permanent impoundments through the Final Bond release time -frame.