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E <br />S cor~com~.r~y Seneca Coal Company <br />December 13, 2004 <br />Mr. Dave Berry <br />Coal Program Supervisor <br />Colorado Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />-RE:-Reclamation-and-PetmirCotapliance-Status- <br />Deaz Mt. Berry, <br />RECE~~E~' <br />~EC ~ ~ Z~~ <br />Division of Minerals and Geolo9Y <br />Seneca Coat Company (SCC) has received your letter of December 2, 2004 and feels a brief response to your question <br />in the "Pemritting Tasks and Schedule" section is warranted to easure that we have no misunderstandings <br />As we indicated previously, a response was forthcoming Eor PR-04 to allow the decision to approve, but we needed to <br />clarify the tight-of-entry submitCal based on feedback &+om Dan Mathews via electronic mail dated November 3, 2004. <br />At this time Mr. Bob Shevling was handling the legal issues and I had asked that the Division to please contact Bob <br />Shevling of my staff with regazd to the status of the adjudication issues (right-of-entry). <br />SCC'srunp a Yt pettnitting and inspection contact remains Roy Kazo and Jay James is the secondary contact <br />We certainlq appreciate the Division's understanding of the situation at the Seneca mitres, and again reiterate our sincere <br />effort to comply with Division standards. <br />Sincerely, <br />Gregg Kitchen <br />General Manager <br />Seneca Coal Company <br />cc: <br />Chuck Burggraf (Peabody Energy) <br />Mazk Yingling (Peabody Energy) <br />Bob Shevling (Seneca) <br />Roy Kazo (Seneca) <br />Seneca Coal Company • P.O. Box 670 • Hayden, Colorado 81639 <br />Telephone (970) 276-3707 • FAX (970) 276-3014 <br />