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E <br />S co~rcomwnr Seneca Coai 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 />RECE~~E~ <br />DEC 1 ~ 2004 <br />piuisioa of Minerals and Geolo9Y <br />--RE:-Reclamation-and PermiYEompliance-Stators- - -- - -- - - - - - - - -- -- <br />Deaz Mr. Berry, <br />Seneca Coal Company (SCC) has received your letter of December 2, 2004 and feels a brief response to your question <br />in the "Permitting Tasks and Schedule" section is warranted to ensure that we have no misunderstandings <br />As we indicated previously, a response was forthcoming Eor PR-04 to allow the derision to approve, but we needed to <br />clarify the right-of--entry submittal based on feedback from 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's P~ permitting and inspection contact remains Roy Kazo and Jap James is the secondary contact <br />We certainly appreciate the Division's understanding of the situation at the Seneca mines, and again reiterate our sincere <br />effort to comply with Division standards. <br />Sincerely, <br />Gregg Kitchen <br />General Manager <br />Seneca Coai Company <br />cc: <br />Chuck Burggraf (Peabody Energy) <br />Mark 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 X970) 2763014 <br />