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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />October 27, 2008 <br />Roy Karo <br />Reclamation Manager <br />Seneca Coal Company <br />P.O. Box 670 <br />Hayden, CO 81639 <br />Re: Seneca II Mine <br />Permit No. C-1980-005 <br />Technical Revision No. 46 (TR46) <br />Request for Permanent Impoundment Stock Pond T-3 <br />COLORADO <br />DIVISION OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Sill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />The Division of Reclamation, Mining, and Safety (DRMS) has completed our review of <br />TR-46 regarding the request for retaining stock pond T-3 as a permanent structure. <br />Seneca Coal Company (SCC) updated Appendix 13-9 to include T-3 as permanent and <br />provided an As-Built Drawing for the stock pond. A stability analysis for all stock ponds <br />is provided in Appendix 13-9A. SCC previously included Stock Pond T-3 in the Hazard <br />Evaluation provided in Appendix 13-9; this written safety demonstration is required by <br />4.05.9 (18) to waive the quarterly inspection frequency requirement. The DRMS has the <br />following comments regarding the request for permanent impoundment Stock Pond T-3. <br />In accordance with Rule 2.05.5(1)(b), the post-mining land use description "shall <br />be accompanied by a copy of the comments concerning the proposed use by the <br />legal or equitable owner of record of the surface of the proposed permit area and <br />the State and local government agencies which would have to initiate, implement, <br />approve, or authorize the proposed use of the land following reclamation." <br />Therefore, SCC needs to provide comments from the landowner on which the <br />proposed permanent stock pond is located. Please contact the appropriate <br />landowner(s) and forward their comments concerning the proposed permanent <br />stock pond T-3 to the DRMS for inclusion into the permit application package <br />(PAP). <br />2. In accordance with Rule 2.05.5(1)(b), SCC also needs to comply with other State <br />and local government agency requirements. The Office of State Engineer does <br />have jurisdiction over this permanent stock pond following reclamation of the <br />land. According to a telephone conversation on October 3, 2008 between Mr. <br />Mike Boulay (DRMS) and Mr. Craig Lis of the Office of the State Engineer the <br />stock ponds at Seneca II Mine are considered small Livestock Water Tanks and <br />the Office of the State Engineer needs to be notified of all dams constructed for <br />these "Stock Ponds". Please contact the local Division of Water Resources office <br />in Steamboat Springs to ensure that the proper notification procedures are <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines