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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 />December 22, 2008 <br />Roy Karo <br />Seneca Coal Company, LLC <br />27796 Routt County Road 53 <br />P.O. Box 670 <br />Hayden, CO 81639 <br />Re: Yoast Mine (Permit No. C-1994-082) <br />Proposed Decision - Technical Revision No. 38 (TR-38) <br />Pond 012 Slide Remediation Plan <br />Dear Mr. Karo: <br />COLORADO <br />DIVISION OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />Enclosed you will find the Division of Reclamation, Mining and Safety's Proposed Decision for Technical <br />Revision No. 38 at the Yoast Mine. Notice of the proposed decision will be published in the Steamboat <br />Pilot as soon as possible. The first publication will initiate the ten (10) day public comment period for the <br />Division's decision. <br />Documentation must be submitted to the Division demonstrating that a copy of the approved revision <br />application was sent to the Office of Surface Mining and the Bureau of Land Management. The material <br />should be sent within 15 days of final approval. <br />Please refer to the Performance Bond heading on the enclosed proposed decision form. If the amount of <br />Bond Held equals or exceeds the Revised Liability, you need not submit additional bond. This Technical <br />Revision must not be implemented until this proposed decision becomes final and until any required <br />increase in bond is submitted to and approved by the Division. <br />In this revision Seneca Coal Company has committed to provide a second phase remedial slide repair plan <br />by the end of 3rd quarter 2009. Please submit that plan as a separate technical revision and include a <br />schedule for construction in the revision. <br />If you have any questions, please contact me. <br />Sincerely, <br />A?It? --t') <br /> <br />Daniel T. Mathews <br />Environmental Protection Specialist <br />Enclosure <br />cc: Carl Johnston, Office of Surface Mining, with enclosures <br />Office of Office of <br />MinPrl I anti RPrlamatinn rl-r • (.rand hinrtinn • rlnranan A. tnm and 1-ti- AAi-