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E~~A <br />Coal Company <br />February 8, 2005 <br />Seneca Coal Company <br />P.O. Box 670 <br />Hayden, CO 81639-0670 <br />Re: Request to Leave Ponds on Private Property <br />To Whom It May Concern: <br />Seneca Coal Comaan <br />Seneca Coal Company currently holds a surface lease on portions of your land(s) at the Seneca II Mine in Routt County, <br />Colorado. The Seneca II Mine operates and conducts reclamation under a Colorado Division of Minerals and Geology <br />(CDMG) Mine and Reclamation Permit, Permit C-80-005. As part of the future fmal reclamation plan, Seneca Coal <br />Company would like to leave sedimentation ponds within the permitted area as permanent features. A portion of these <br />proposed permanent ponds axe located on your property (see attached drawing indicating the pond location and <br />property ownership). <br />In accordance with Colorado Mined Land Reclamation Board Regulations for Coal Mining: <br />• Rule 2.05.5(11(61, the portmining land use dercriptian rhall be accompanied by a copy of the comments concerning the proposed ure by <br />the legal or equitable owner of retard of the surface of the propored permit area and the State and localgavernment agencies which would <br />have to initiate, implement, approve, or authorize the prapored use of the land fallowing reclamation. <br />• RuleRule 405.9(11, The design, construction and maintenance of all impoundments, including redimentation ponds, or other treatment <br />facilitier rball be in compliance with 4.05.9. Compliance with 4.05.9 rhall not relieve the perran from compliance with all applicable <br />Federal and State water quality standardr. <br />Rule 4.09.13, Permanent impoundmentr for 6en~cial use of stored water may only be authari~ed in accordance with applicable State <br />law and upon the barir of the following demonstration: <br />(a) The quality of the impounded water rhall be ruitable an a permanent basin for its intended ure, rhall meet applicable mate and <br />federal water quality rtandardr and da}charge of water from the impoundment shall meet applicable State and Federal went <br />limitations and shall not degrade the quality of receiving water below applicable rtream standardr; <br />(b) The level of water rhall be rufficiently rtable, and the configuration of the pond rhall be adequate, to rapport the intended ure.• <br />(c) Adequate rajety and accesr to impounded water shall be provided for prapared water urea; <br />(dJ Water impoundments shall not result in the diminution of the guak'ty or quantity of water available to water rightr holders far <br />agricultural, industrial, recreational, or domestic uses except in accordance with mate law; <br />(e~ The ri.~e of the impoundment ,ball be adequate far its intended purporer; <br />(~ The impoundment rhall be ruitable for the approved post-mining land use. <br />In accordance with the above rules, Seneca Coal Company has designed and constructed all ponds within the permit <br />area to approved CDMG criteria. Leaving these ponds as permanent features would enhance the proposed post-mining <br />use of livestock grazing and wildlife habitat. <br /> <br />Seneca Coal Company • P.O. Box 670 • Hayden, Colorado 81639 <br />Telephone (970) 276-3707 • FAX (970) 276-3014 <br />