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<br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOUR <br />Daniel T. Mathews <br />Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />February 24, 2009 <br />Re: Seneca II-W Mine (Permit No. C-1982-057) <br />Technical Revision Application No. 62 (TR-62) <br />Response to Midterm Adequacy Review <br />Dear Mr. Mathews: <br />f EB 2 5 2009 <br />o' neciamabon, <br />g and Safety <br />Bill Ritter, Jr. <br />Gove.mor <br />Harris D. Sherman <br />Executive Director <br />Dick 1Nolfe, P.E. <br />Director <br />The Division of Water Resources has reviewed the Seneca II Mine (Permit No. C-1982- <br />057), Technical Revisions Application No.62 (TR-62). The response review letter from <br />Seneca Coal Company (i.e., the applicant) discussed the DRMS Adequacy Review's <br />comments related to the updated post-mining topography maps that accurately reflect <br />the currently approved post-mining topography, an updated hydrologic monitoring map <br />to depict currently approved monitoring locations, and revised information regarding <br />water rights and replacement. <br />The applicant has not provided any information regarding the adjudication of water rights <br />or a plan to augment or replace water on a permanent basis. The applicant proposes to <br />divert and store water within this stream system. These activities could result in <br />depletions (i.e., consumptive and evaporative losses) to the stream system that may <br />impact downstream senior water right holders. Currently, water is available within the <br />stream system; however, there is no guarantee the water will remain available. In such <br />a case, the applicant may be required to obtain a State Engineer's approved substitute <br />water supply plan or water court approved augmentation plan. Alternatively, it may <br />behoove the applicant to install a device for stream flows to bypass the dam structure or <br />an outflow device at the base of the dam structure to release inflows when a call is <br />placed on the system. <br />If you have any questions, feel free to contact me at this office at (303) 866-3581. <br />Sincere y <br />Mark J. Va elli, PhD, PE, PG, BCEE <br />Water Resources Engineer <br />Enclosure(s) <br />cc: file <br />MV/mv <br />Office of the State Engineer <br />1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone; 303-866-3581 • Fax: 303-866-3589 <br />www.water.state.co.us