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ny <br />IM3 Coe N <br />Seneca Coal Compan <br />December 18, 2008 <br />Mr. Daniel Mathews <br />Division of Reclamation, Mining and Safety <br />101 South 3`d, Suite 301 <br />Grand Junction, CO 81501 <br />(970) 242-5025 <br />EtEc?,vED <br />nEc 22 2ooa <br />pwis?on °? ?ecsa ety n, <br />M?nin9 and <br />RE: Seneca II Mine (Permit C-1980.005) <br />Technical Revision No. 46 (TR-46) - Permanent Stock Pond T-3 <br />2nd Response to Comments <br />Mr. Mathews, <br />Seneca Coal Company (SCC) has reviewed the Division's comment letter dated November 24, 2008 regarding <br />landowner comments and is responding as follows. <br />Original Comment <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 localgovernment 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 DRMS for inclusion into the permit application package (PAP). <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 />Response to November 24`h comment <br />1. The Division requested comment from the landowner rrgarding retention of Stock Pond T-3 for the postmining land use, for <br />inclusion in the permit application (PAP). SCC responded that the landowner had been contacted and that comments would <br />be fonvarded to the Division when received. <br />We will bold TR-46 open until receipt of the landowner comments. Please submit the comments <br />upon receipt in a form that can be directly inserted into the appropriate section of the PAP. Also, <br />please amend the Postmine Land Use section of the Appendix 13-9 narrative to include a <br />reference to the PAP section containing landowner comments on Stock Pond retention. <br />Response: A letter from the State Land Board is attached for approval and insertion into the PAP. <br />The text has been update to reference the location of the landowner requests. <br />Seneca Coal Company . P.O. Box 670 . Hayden, Colorado 81639 <br />Telephone (970) 276-5219 a FAX (970) 276-5222