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E <br />S cod cornp.nr <br />November 15, 2006 <br />Ivfr. Mike Boulay <br />Division of Reclamation, Mining and Safety <br />1313 Sherman St, Room 215 <br />Denver, CO 80203 <br />(303)866-3567 <br />RE: Seneca II Mine Permit C-80-005 <br />Renewal of Permit (RN-OS) Response to Comments <br />Deaz Mr. Boulay, <br />Seneca Coal Compa <br />~OV 16 2006 <br />Divi.,~on u. iz _oiamaiion, <br />Nlmin9 ~,i1 Safety . <br />Enclosed, please find three copies of revised and/or additional information for RN-OS addressing the Adequacy <br />Comments of your October 13, 2006 letter. <br />A response to each comment is provided below and each comment is numbered accordingly. <br />Rule Z.R3Lega1, Financisl, Compliance. and Related Information <br />1. The DRMS has received updates from AVS indicating changer in offzcer and director information. Please update Attachment 3- <br />3 ojTab 3 accordingly. <br />Response: An updated Attachment 3-3 is enclosed. In addition Tab 3 teat has been revised to comply with the <br />updated 12/05 Rules and Regulations. <br />Rule 2.07.6(~(n) Criteria for Review ofPemrit AppGcadons for Permit Approval or Denial <br />2. DBMS it required to make a finding far new permitr and at permit renewalr that `Yhe activities would not affect the continued <br />existence of endangered or threatened species or result in the destruction or adverre moth, (:cation of their critical habitak as <br />determined under the Endangered Species Act of 1973 or the Nongame, Endangered or Threatened Species Conservation Act. <br />Volume 9 Tab 11 of the PAP containr a IY~ildlife Survey przpared in 1980. Threatened and endangered rpeder that rould <br />porsibly occur in the project area aregiven on page 1 S of the rurvey. Please review and verify that the survey includes the atrrent !ut <br />of species identified for Routt County, or have a new survey done using the current list. The currant /ist can be found on the <br />USFTY/S website at. <br />httb: / /mountain prairiefws. rov/endrpp/CountyLists/COLORADO.btm <br />Response: Renewal of Permit C-80-005 would not affect the continued existence of endangered or threatened species <br />or result in the destruction or adverse modification of their critical habitats as determined under the Endangered <br />Spedes Act of 1973 or the Nongame, Endangered or Threatened Spedes Conservation Act. Critical habitat is a term <br />used in the Endangered Species Ac to refer to specific geographic azeas that aze essential for the conservation of <br />threatened or endangered Spedes and that may require special management considerations. There bas been no critical <br />habitat for any listed Spedes identified at Seneca II. <br />Seneca Coal Company • P.O. Box 670 • Hayden, Colorado 81639 <br />Telephone (970) 2783707 • FAX (970) 2783014 <br />