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SECTION IV - Midterm Adequacy Review and Request for Revision <br />Pursuant to Rule 2.08.3, the Division has conducted a midterm review and has found that certain minor <br />modifications are needed to ensure future compliance with the Colorado Surface Coal Mining Reclamation <br />Act and the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining. <br />Minor Revision No. 61 (MR-61) was submitted June 28, 2006, and included requests and <br />documentation for various road segments to be modified and retained as permanent structures for <br />the postmining land use. The MR-61 review continued without resolution until August 6, 2007, when <br />it was withdrawn based on a letter from Roy Karo of SCC dated August 1, 2007. In that letter, SCC <br />indicated that a technical revision application addressing permanent structures to be retained for the <br />postmining land use would be submitted at a later date. <br />To date, the Division has not received a technical revision addressing retention of roads and/or other <br />facilities and structures for the postmining land use. In a MR-61 review letter dated April 5, 2007, the <br />Division listed four items of concern (Items 7 through 10), which addressed certain inconsistencies <br />between permit narrative and map Exhibit 20-2 (Postmining Topography and Drainage), with respect <br />to final topography and retention of permanent structures associated with certain roads, the shop <br />area bench, and certain electrical facilities. <br />Please submit appropriate map and narrative amendments addressing Items 7 through 10 of <br />the April 5, 2007 review letter. <br />2. Map Exhibit 7-1A (Hydrologic Monitoring Map South Area) was apparently never revised to depict <br />the new W-25 series monitoring wells that replaced the failed W-24 series wells, near Pond 016A. <br />Please submit a properly amended map Exhibit 7-1A, depicting the location of the W-25 <br />series monitoring wells. <br />3. Earlier this year, Mr. George Friederich, who owns surface in the South Mine portion of the permit <br />area, brought to our attention a concern he had regarding what he referred to as an "artesian well", <br />that had been located on his property on a tributary of Hubberson Gulch. He recalled that the well <br />had been located in the vicinity of where Pond 016-A is now situated, prior to mining in the area, and <br />he had a photo dated 1999, showing a small diameter PVC pipe discharging into a small metal horse <br />tank. Based on the photo and Mr. Friederich's recollection of the site location, it would appear likely <br />that the "artesian well" in question corresponds to "Inactive Spring Site" S-49, depicted on permit <br />map Exhibit 7-1A. On permit Table 15-1, S-49 is described as a "developed spring flowing out of a 4 <br />inch PVC pipe". The table indicates the spring was monitored beginning in 1997; narrative on permit <br />page 15-3a-2 states that S-49 was deleted from the monitoring table, as it was "mined out in 2001 ". <br />Table 16-1A "Pertinent Water Rights, Seneca II-W South Extension Area" lists a structure labeled <br />"Friederich Spring 1", located in the NW/4SW/4 Section 26 T5N R88W. The location of "Friederich <br />Spring 1" is depicted on map Exhibit 16-1 "Water Rights". Based on the Table 16-1A legal <br />description and Exhibit 16-1 map location, it would appear that Spring Site S-49 and "Friederich <br />Spring 1" are different names for the same feature. <br />Narrative on permit page 16-11, under "Water Rights Studies and Analyses", includes the following <br />statement: <br />For Seneca 11-W South, the nearest new water rights identified were the <br />Friederich #1 and #2 springs located less than two miles east of the pit <br />5