2008-10-03_REVISION - C1994082 ‎(5)‎

• Permit No: C1994082
• IBM Index Class Name: REVISION
• Doc Date: 10/3/2008
• Doc Name: Adequacy Review & Response
• From: Mike Boulay
• To: Dan Mathews
• Type & Sequence: TR37
• Email Name: MPB
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
COLORADO
Denver, Colorado 80203 OF
F
DIVISION
Phone: [phone] INTERNAL MEMORANDUM RECLAMATION
FAX: [phone] MINING
-&-
I
SAFETY
TO: Dan Mathews sill r, Jr.
Goveern rnor,
- ^ n Harris D. Sherman
FROM: Mike Boulay Executive Director
Ronald W. Cattany
DATE • October 3
2008 Division
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rector
,
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Reesourc
e Trustee
Natural
SUBJECT: Yoast Mine Permit No. (C-1994-082)
Technical Revision No. 37 (TR-37)
I have reviewed Seneca Coal Company's (SCC's) responses to our adequacy review for TR-37 for the
Yoast Mine. My original comments were items 1 through 24. Overall they did a good job responding
to our comments and concerns. I have remaining comments for items 20 and 23 listed below.
1. through 19. Responses accepted.
20. Regarding Permanent Impoundment Demonstrations Appendix 20-1.2, SCC has adequately
addressed all of our concerns except water rights required by Rule 4.05.9(13)(d). Please note
that SCC removed Pond 012 from the permanent pond request. For Pond 010 they have a
conditional water right Case No. 95 CW 72, Water Division No. 6. On July 31, 2008 SCC
applied for an absolute water right on this pond. Please have SCC update the PAP with the
water right decree if obtained. For Ponds 013 and 014 SCC does not have water rights.
For all three permanent pond requests (010, 013, and 014) appropriate application materials
should be submitted to the Office of the State Engineer for their approval of these permanent
structures. All impoundments that are intended to be retained as permanent postmining
features shall comply with applicable State Engineer rules and regulations. Under the State
Engineers rules a permit is required but water rights are not required for Livestock Water Tanks
or Erosion Control Dams, which maybe applicable to Ponds 013 and 014. State Engineer and
DRMS approval shall be obtained before bond release can occur.
On 6/13/08, I spoke with Craig Lis of the Office of the State Engineer regarding the Yoast
Mine Permanent pond requests. Craig indicated that SCC had a couple of options as follows.
He recommends that SCC submit a Notice of Intent to Construct a Non-Jurisdictional Water
Impoundment Structure (even though it is already constructed legally under our jurisdiction), or
file for permits for a Livestock Water Tank or Erosion Control Dam.
My recommendation is to resolve the water rights issues for Ponds 010, 013, and 014 before
approving them as permanent. This will require SCC to contact the State Engineers Office and
comply with their requirements. I spoke with Jay James of JEC, Inc. (SCC's consultant) on
October 3, 2008 and he has been in contact with the local Division of Water Resources office in
Steamboat Springs and is working toward obtaining the proper approval of these structures in
accordance with applicable State Engineer requirements.
Office of Office of
Mined Land Reclamation Denver • Grand junction • Durango Active and Inactive Mines