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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1373 Sherman St., Room 275 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />January 10, 2006 <br />Mr. Roy A. Kazo <br />Seneca Coal Company <br />P.O. BOX 670 <br />Hayden, CO 81639 <br />Re: Seneca II Mine (Permit No. C-1980-005) <br />Technical Revision No. 40 -Adequacy Review <br />Dear. Mr. Karo: <br />COLORADO <br />DIVISION O F <br />MIN SRALS <br />GEOLOGY <br />REC LANATION•MINING <br />SAFFTY•SCIENCE <br />Rill Owens <br />Governor <br />Russell Geolge <br />Executive Director <br />Ronald W. Cattany <br />Division DIreLTOr <br />Natural Resource Trustee <br />The Division of Minerals and Geology (Division) has reviewed the referenced TR-40 <br />application. The revision contains new Appendixl3-13, Vegetation Evaluation <br />Procedures for Testing Reclamation Adequacy for Phase 111 Bond Release. This new <br />appendix establishes the framework for future Phase III bond release applications by <br />inclusion of maps and narrative that delineate and describe multiple bond release blocks. <br />Each bond release block includes multiple revegetated parcels that were reclaimed within <br />a specified timeframe, subject to similar regulatory requirements and uniform <br />revegetation success standazds. In addition to establishing the over-all framework for <br />bond release units, the appendix sets forth the applicable revegetation success standazds <br />for specific bond release blocks, including revised standards for woody plant density and <br />species diversity. The appendix also addresses the procedures for vegetation sampling <br />and demonstration of revegetation success, including statistical approaches and formulas. <br />The standazds and approaches specified in the new Appendix 13-13 would amend <br />previously approved revegetation success standards and quantitative procedures for <br />demonstration of revegetation success. <br />The approaches set forth in the appendix reflect discussions between the Division and <br />SCC staff and consultants since early 2004. As the revision includes a proposed <br />modification to the approved woody plant density success standazd, the Division of <br />Wildlife (DOW) will need to be consulted and DOW approval of the revised standard <br />will be required, pursuant to Rule 4.15.8(7). However, it maybe advisable to wait until <br />SCC submits a substantive woody plant density standard proposal as addressed in Item 8, <br />below, before we request DOW approval, Until that time, there really is no defined <br />proposal for DOW to review. <br />The Division has the following adequacy review comments. <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geologiral Survey <br />