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Roy A. Kazo Seneca Coal Company December 8, 2005 Page 2 10, There is a typographical en•or on page 1 of Appendix 7-6c.1. In the second pazagraph of page 1 of the As-Built Report for Pond 004, Pond 002 is referenced as opposed to Pond 004. Please revise page 1 of the As-Built Report to conectly reference Pond 004. 11. Response accepted. 12, The information presented in SCC's response letter dated October 31, 2005 is generally acceptable to meet the requirements for permanent impoundments [Rule 4.05.9(13)]. However, this information should be provided in sepazate appendices to the permit application package for future reference and for documentation in the permit document as opposed to a letter, which will not be incorporated into the approved permit document. The discussions presented in the response letter dated October 31, 2005 along with the water quality demonstrations for Ponds 004 and 008 previously presented in the Mid-Term Review comment responses dated Apri129, 2005 are adequate, with exception of the requirements for 4.05.9(13)(d) regazding water rights. There was no specific discussion provided regarding the quantity of water available to water rights holders. Separate appendices should be provided for Ponds 004 and 008 addressing each requirement 4,05.9(13)(a) through (f) with reference to the appropriate section(s) of the permit document where applicable information is contained. On revised pages 13-47 and 13-52 (Revised 10/OS), SCC states that Appendix 7- 6c (Sediment Pond 004) and Appendices 7-6e and 7-6f (Sediment Pond 008) present permanent pond demonstrations for each pond, respectively. This does not appeaz to be the case; these appendices present design and as-built documentation only. Please revise pages 13-47 and 13-52 accordingly to delete the reference. As previously requested, please provide as Appendices to Hydrology Tab 7 of the permit document complete permanent impoundment demonstrations in accordance with Rule 4,05.913(a) through (f) for Sedimentation Ponds 004 and 008. On revised pages 13-47 through 13-52, SCC states that landowners have requested that Ponds 004 and 008 be retained as permanent features. SCC also states that the executed requests have not been received by SCC. For approval as permanent ponds these landowner requests must be received and documented by the Division. Until such time that the landowner requests are received by the Division, Ponds 004 and 008 will be considered non-permanent features for the purpose of estimating the current reclamation liability estimate.