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Mr. Roy Kazo Seneca Coal Company January 16, 2007 Page 2 was followed in the recent Phase 1 bond release application, and was accepted by the Division. In various sections of Appendix 13-13, as proposed within TR-40, the narrative is not consistent with this approach and will need to be properly amended for consistency with Exhibit 13-13.1 and the Phase 1 bond release application. We have identified below the sections which need to be amended, and we have included suggested wording that would appeaz to be consistent with the approach delineated on Exhibit 13-13-1 and in the recently submitted Phase 1 bond release application. Block descriptions at the top of page 13-13-2 will need to be amended for consistency. BRB-1 should apparently be described as "lands mined prior to August 3, 1977". BRB-2 should apparently be described as "lands mined and reclaimed between August 3, 1977 and September 21, 1981". BRB-3 description appeazs to be appropriate, as does the description for BRB-4 and BRB-5. Narrative at bottom of page 13-13-5 and top of page 13-13-6 will also need to be amended for consistency. The 2"a sentence of final paragraph of 13-13-5 should probably refer to "pre-law lands mined prior to August 3, 1977 (BRB-1)". The 3`a sentence of the pazagraph beginning on 13-13-5 and continuing on 13-13-6 should probably refer to "lands mined and reclaimed between August 3, 1977 and September 23, 1981...." Pease review the text of Appendix 13-13, and revise as appropriate, to ensure consistency with Exhibit 13-13-1 and the Phase 1 bond release application. 4. The text regazding one yeaz of sampling required in BRB-1, and 2 years of sampling for other bond release blocks was amended as requested; the response is satisfactory. Item Resolved. If you have questions or are in need of additional information, please contact me. Sincerely, .~; P, ~ Michael P. Boulay Environmental Protection Specialist C: Sandy Brown, Dan Mathews DRMS