2009-01-26_REVISION - C1982057 (2)

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TR-62- Midterm Review Responses Page 3 a small metal horse tank. Based on the photo and Mr. Friederich's recollection of the site location, it would appear likely that the `artesian well" in question corresponds to `Inactive Spring Site" S49, depicted on permit map Exhibit 7-1A. On permit Table 15-1, S49 is described as a `developed spring flowing out of a 4 inch PVC pipe ". The table indicates the spring was monitored beginning in 1997; narrative on permit page 15-3a-2 states that S-49 was deleted from the monitoring table, as it was `mined out in 2001 ". Table 16-1A `Pertinent Water Rights, Seneca II- W South Extension Area" lists a structure labeled `V'riederich Spring # /,located in the NW14SW/4 Section 26 TSN K88W. The location of `Friederich Spring # 1 "is depicted on map Exhibit 16-1 "Water Rights': Based on the Table 16-1A legal description and Exhibit 16-1 map location, it would appear that Spring Site S49 and `Friederich Spring # 1 "are different names for the same feature. Narrative onpermitpage 16-11, under "Water Rights Studies and Analyses'; includes the following statement.• For Seneca II-W South, the nearest new water rights identified were the Fiiederich # 1 and #2 springs located less than two miles east of the pit footprint. This statement appears to be in error; based on the location described in Table 16-1A legal description and delineated on Exhibit 16-1, `Friederich # 1 "appears to have been located within the immediate mine pit area, and if it does correspond to Spring S49 as appears likely, it was in fact `mined out in 2001 " Also, the location given for `Fiiederich Spring #2" on Table 16- lA and map Exhibit 16-1 appears questionable, given that the source of the spring is described on Table 16-1A as Hubberson Gulch. The site location listed for Friederich #2 is actually on a tributary to Sage Creek, not Hubberson Gulch. Please confirm whether or not S-49 and "Friederich Spring #1" are the same feature, revise the apparently inaccurate statement on page 16-11, and confirm or amend the site location/drainage source for Friederich Spring #2 on Table 1644 and Exhibit 164, as appropriate. Please further address, in appropriate sections of the permit text, bow compliance with provisions of4.05.15 "Water Rights and Replacement" has been (or will be) achieved with respect to the adjudicated spring (or springs) impacted by mining on the Friederich property in the South Mine area. Response: The location of Friederich Spring # 2, as listed on Table 164A, and as located on Exhibit 16-2, is incorrect. Both Friederich Springs # 1 and 2 have the same legal location description. Both the table and exhibit have been updated. Both of these springs were in an area that was mined out. The Friederich Spring #1 is indeed the same as the Seneca II-W Spring S-49. The two (2) Friederich Springs had a total of 0.066 cfs (30 gpm) of water righted for livestock watering. Water flowing into Seneca's Pond 016, with an average flow of 56 gpm, will be used to replace the springs water rights. Page 11 of Tab 16 has been revised to indicate this. In an issue related to this area, Seneca had previously committed to the Division to address in the permit the abandonment of the failed W-24 series wells below Pond 016A and to commit to monitoring the spring (Spring S-50) that issues from the french drain at this site. These issues are addressed on page 11 of Tab 15, Table 1 in Appendix 15-3a and page 15-3a-11. (Appendix 15-3a will be submitted concurrently with this TR in TR-63, Ground Water Points of Compliance. This is done since both TR's are revising some of the same pages.) Seneca Coal Company • P.O. Box 670 • Hayden, Colorado 81639 Telephone (970) 276-5219 • FAX (970) 276-5222