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<br />SWqhCP4AUC.? Seneca Coal Company <br />November 17, 2008 <br />Mr. Daniel Mathews pEC F-IVE® <br />Division of Reclamation, Mining and Safety <br />101 South 3, Suite 301 NOV 10 2000 <br />Grand Junction, CO 81501 <br />(970) 242-5025 ?3ivision of rteciamation, <br />Mining and Safety <br />RE: Seneca II Mine (Permit C-1980-005) <br />Technical Revision No. 46 (17R-46) - Permanent Stock Pond T-3 <br />18` Response to Comments <br />Mr. Mathews, <br />Seneca Coal Company (SCC) has reviewed the Division's comment letter dated October 27, 2008 and have <br />developed the following responses. <br />1. In accordance with Rule 2.05.5(1)(b), the post-mining land use description `shall be accompanied by a copy of the comments <br />concerning the proposed use by the legal or equitable owner of record of the surface of the proposed permit area and the State <br />and local government agencies which would have to initiate, implement, approve, or authori.Ze the proposed use of the land <br />following reclamation. " Therefore, SCC needs to provide comments from the landowner on which the proposed permanent <br />stock pond is located. Please contact the appropriate landowner(s) and forward their comments concerning the proposed <br />permanent stock pond T-3 to the DBMS for inclusion into the per wit application package <br />Response: SCC has contacted the State Land Board (legal or equitable owner of record of the surface) and will <br />forward a copy of their comments concerning the proposed permanent stock pond T-3 to the DRMS when <br />received. <br />2. In accordance with Rule 2.05.5(1)(b), SCC also needs to comply with other State and localgovernment agency requirements. <br />The Office of State Engineer does have jurisdiction over this permanent stock pond following reclamation of the land. <br />According to a telephone conversation on October 3, 2008 between Mr. Mike Boulay (DBMS) and Mr. Craig Iis of the <br />Office of the State Engineer the stock ponds at Seneca II Mine are considered small livestock Water Tanks and the Office <br />of the State Engineer needs to be notified of all dams constructed for these `Stock Ponds': Please contact the local Division <br />of Water Resourres office in Steamboat Springs to ensure that the proper notification procedures are followed for all Stock <br />Ponds that are to be retained as permanent structures Please provide the DRMS with documentation that proper <br />notification has occurred and all pertinent requirements have been met, and revise the Permanent Stock Pond Evaluation in <br />Appendix 13-9 of the PAP accordingly to reflect this <br />Response: Attached is a copy of the form "Application for Livestock Water Tank" for each of the thirteen <br />(13) permanent stock ponds at Seneca II Mine that were submitted to the Division of Water Resources. <br />Seneca Coal Company • P.O. Box 670 • Hayden, Colorado 81639 <br />Telephone (970) 276-5219 9 FAX (970) 276-5222