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SENECA II TR-46 REVIEW OF INITIAL ADEQUACY RESPONSE <br />1. The Division requested comment from the landowner regarding retention of Stock Pond T-3 for <br />the postmining land use, for inclusion in the permit application package (PAP). SCC <br />responded that the landowner had been contacted and that comments would be forwarded to the <br />Division when received. <br />We will hold TR 46 open until receipt of the landowner comments. Please submit the <br />comments upon receipt in a form that can be directly inserted into the appropriate section <br />of the PAP. Also, please amend the Postmine Land Use section of the Appendix 13-9 <br />narrative to include a reference to the PAP section containing landowner comments on <br />Stock Pond retention. <br />2. The Division requested documentation of proper notification to the Office of the State Engineer <br />regarding stock pond retention. Properly signed copies of Livestock Water Tank Application <br />forms submitted to the Office of the State Engineer were provided for inclusion in Appendix <br />13-9. Item Resolved. <br />The Division requested a specific commitment to conduct water sampling and analysis to <br />demonstrate compliance with 4.05.9(13)(a). The operator stated in the cover letter that <br />sampling would be conducted in the 2n1 quarter of 2009, and that analyses/documentation <br />would be submitted as soon as practicable thereafter. Item Resolved. The Division will mark <br />the pertinent narrative page with this commitment. <br />4. The Division had requested certain corrections to Appendix 13-9, page 1, relating to Stock <br />Ponds to be retained as permanent structures. The page was amended as requested. Item <br />Resolved. <br />2