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Octaber3l, 2005 Mr. Mike Boulay DivirionofMinerakandGeology Page 3 CDMG that they would provide a review letter for the permanent pond demonrtrations and arsaciated water righu information. The CDMG will fanvard the State Engineer comments to SCC ar roon ar they are received Response; SCC has not received the State Engireer's comments on the permanent pond demonstrations and associated water rights information. SCC respectfully requests that the delay by the State Engineer in completing their review not delay CDMG's approval of TR-37. If required, SCC will provide responses to State Engineer's comments in a future technical revision submittal. 10. The As Built CertificatronJ fOTPOndr D02, 003 and she Truck lY/arh Ponds are acceptable of submitted Please provideAr- Built Certifications for Ponds 004 and 008 following the rpiUway modifications proposed with TA-39. Response: SCC has completed the spillway modifications fox Ponds 004 and 008. The certified as-built reports and drawings are included in this response package. This information should be inserted into the PAP in accordance with the accompanying insertion instructions. 11. As indicated on page 7-6g-1, the CDMG approved proposed modifications to the principal and emergency spillway of the PECOCO impoundment according to the mnedial plan given on page 7-6g-18. Please provide a test fled rrport that the PECECO Impoundment was built with revisions ar shown on Exhibit 7-18 and described in text of Appendix 7-6g. Response: This response package contains the As-Built Report for the PECOCO Impoundment. The As-Built Report describes the current configuration of the PECOCO Impoundment and addresses the proposed modifications described in Appendix 7-6g and shown on Exhibit 7-18. The As-Built Report should be inserted into the PAP in accordance with the accompanying insertion instmctions. 12. All of the required information forpermanent impoundment demonstrations has not been submitted for Pond 004 and 008. SCC has requested that these ponds be retained as permanent post-mine features and has provided water quality and water rights information only. Pleaseprovide ar an appendix to Hydrology Tab 7 ofShe PAP complekpe~manent impoundment demanstmtions in accordance with Rule 4.05.9(13)(x) through (fl far Sedimentation Ponds 004 and 008. Response: The post-mine land owner has requested that these impoundments be retained as part of the post-mine landscape to assist with the proposed post-mine land use of livestock grazing and wildlife habitat Water, especially in the semi-arid mountain west is an essential component needed to assure livestock and wildlife survival Without water, the azea has mazginal utility for animals, consequently, these ponds meet the intention of 4.05.9(13)(. Discussion of the post-mine land use is found in Tab 13 on page 13-3. As noted in coaunent #9 above, CDMG has indicated `°Tkte water quality demonstrations aze acceptable as submitted for all proposed permanent impoundments." Consequently, SCC has shown that the water quality meets the requirements of 4,05.9(13)(x) and 4.05.9(13)(d). The water quality discussion is found in Tab 7 on page 7-379; Tables7- 117 summarizes the relationship between the effluent water quality and receiving water standazds. The ponds aze oval shaped, generally longer than wide. These configurations aze typical of stock water impoundments throughout northwest Colorado. Both ponds receive perennial inflow from seeps and springs, as well as snowmelt runoff during spring months. The ponds aze fitted with a principal spillway that controls the permanent pool elevation. As-built configurations are presented on Exhibits 7-12A (Pond 004 Principal Spillway Replacement As-Built) and 7-17E (Pond 008 Prindpal Spillway Replacement As-Built). Consequently, these ponds meet the requirement of 4.05.9(13)(6). Seneca Coal Company • P.O. Box 870 • Hayden, Colorado 81639 Telephone (970) 278-3707 . FAX (970) 278-3014