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Mr. Miehael Boulay Division of Minemb and Geology ]uly 77, 2001 Page 3 Once SCC had determined which impoundmenu will remain as permanent featury the Division will conduct a field inrpectian to veri~ the adeguary of the rafety demonrtratian provided Pleare note that the rafety demonrtration war nat signed, and rhould be rigned by apmferrianal engineer. The waiver alto needy to include a pmvirion that tbeyearly inrpectian referenced in Rule 4.05.9 ~14~ ,may be conducted by a gual~ed Perron other than, and mot under the direction of, a proferriona! engineer [Rule 4.05.0 (18J (cfJ. Response: As stated in the pervious comment response, SCC has indicated which ponds will remain as permanent. So again, at this point in time in accordance with Rule 4.05.9(18), SCC is requesting a waiver from Rule 4.05.9(17] for all the permanent stock ponds within the Seneca II pemtit azea. SCC respectfully requests that the inspection frequenry for the existing stock ponds be reduced from quarterly to annually. In addition, a qualified person will complete the inspections. Given the relatively small size and location none of the stock ponds create a threat to public health and safety or threaten significant environmental harm. The existing stock ponds ate constructed in reclaimed azeas and do not serve as primary sediment control structures. Each stock pond has a storage capacity no greater than two-acre feet and embankment no greater than 5 feet high measured from the invert of the spillway to the upstream toe of the embankment. As part of this waiver request, a Stock Pond Hazard Evaluation conducted by MWH is attached in accordance with Rule 4.05.9(] 8(b). The Stock Pond Hazard Evaluation has been signed and certified and is included as pazt of Appendix 13-9. Therefore, SCC requests the Division review the waiver request. A list of the proposed permanent stock ponds is presented in response to Comment la. Comment Id.• Once it hat been determined which impaundmentr will be retained as permanent, the Portmining Drainage Contra! Map, Exhibit 7-19 and the Port Mine Contour Map, Exhibit 12-9 rhould be revised to include there permanent features. Na further response it necesrary at thi r time. Response: The Postmining Drainage Control Map (Exhibit 7-19) has been revised to show the locations of the permanent stock ponds. SCC antidpates some final revisions for Exhibit 12-9, Post Mine Contour Map, in the near future. At that time SCC will add the locations of the permanent stock ponds to the Exhibit 72-9. Should you or any other members of the Division have questions regazding this information, please don't hesitate to contact me at (970) 236-5106. S' erely, Robert J. Shevling, P.E., P.G. Engineering Manager Seneca Coal Company enclosure(s) cc: John Husband (BI.M) Cazl Johnston (OSMRE) ®:mv/Socgren/rxir/wq.~ M~G....,. ,s,uae~