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.S CoalNcompEny Seneca Coal Company <br />November 18, 2008 <br />Mr. Dan Mathews <br />Division of Reclamation, Mining and Safety <br />101 South Yd, Suite 301 <br />Grand Junction, CO 81501 <br />(970) 243-1571 <br />RE: Yoast Mine Permit No. C-94-082 <br />Technical Revision (TR-37) <br />Response to 2"d Round Adequacy Comments <br />Mr. Mathews, <br />040 <br />V00 <br />ql#k <br />101, man <br />01 <br />SCC has reviewed the adequacy comments dated October 6, 2008. We have developed the following <br />responses to each remaining comment. <br />20. Regarding Permanent Impoundment Demonstrations Appendix 20-1.2, SCC has adequately addrrssed all of our concerns <br />except water rights rrquirrd by Mule 4.05.9(13) (d). Pond 012........ <br />We have two specific requests, <br />a) Please revise Post-Mining Topography Map Exhibit 20-2 to remove Pond 012 (no longer <br />proposed as permanent) and provide appropriately revised topography for the current pond <br />location. <br />b) Please provide a namttive commitment for inclusion in the permit application, stating the <br />following. <br />Documentation ofState Engineer approval ofPonds 010, 013, and 014 as permanent <br />impoundments, along with documentation that any necessary water rights have been <br />obtained, will be provided to .the Division within an appropriate revision application, prior to <br />submittal ofa Phase I bond release application for the structures. <br />Response: a) SCC has no intention of reclaiming/removing the Pond 012 embankment, unless the certified <br />geotechnical report and recommendation for remediation of the associated slide area requires it. SCC <br />anticipates leaving the Pond 012 embankment and associated spillways as permanent structures. It should <br />also be noted that Pond 012 is an NPDES discharge point that needs to remain in service. With this in <br />mind, SCC proposes to leave Pond 012 as shown on Exhibit 20-2. <br />Seneca Coal Company • P.O. Box 670 • Hayden, Colorado 81639 <br />Telephone (970) 276-5219 • FAX (970) 276-5222