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TB-62-Midterm Review Responses (2nd round) <br />Page 4 <br />response from the Routt County Planning Department to determine the process to obtain comments <br />and approval. <br />c) The State Engineer documentation will be provided once it is received by SCC. <br />d) Attachment 16-A is a May 1989 water augmentation plan that addresses the consumptive uses of the <br />Seneca II-W Mine during active mining only. It does not address consumptive uses during <br />reclamation; however, it does not prohibit them. Details from this plan were approved by the Water <br />Court in March 1990, Plan for Augmentation (Case No. 89 CW 63). This plan is currently in <br />Appendix 16-1, pages 16-1-1 to 9. Review of that plan indicates no `expiration date' for the water <br />rights held by the Seneca II-W Mine. It should be noted that the augmentation plan allows for the <br />continuous pumping of Well No. 1 at a rate of 35 gpm, for a daily rate of 50,400 gallons. Currently <br />(Feb. 2008 to Feb. 2009) the average pumping rate was 139 gallons per day, or only 0.3% of the <br />allowable rate. Also, the plan provides for the pump from Pond 006 to water trucks for road dust <br />suppression. This is no longer necessary during the stage of reclamation that this mine is in. <br />Currently, Appendix 16-1 also contains the production well permit (page 16-1-21). It also indicates no <br />`expiration date'. This permit references Case Nos. 89CW62 and 89CW63. Those documents are <br />currently in Appendix 16-1, pages 16-1-17 to 18 and 16-1-1 to 9, respectively. Again, there is no <br />indication of an `expiration date' in those documents. <br />Currently, Appendix 16-1 also contains the conditional water rights documents for the production <br />well (pages 16-1-17 to 18) and Pond 006 (pages 16-1-11 to 13). The court documents for the <br />production well (a.k.a., Well No. 1) and Pond 006, which converts those conditional rights into <br />absolute rights, are attached to be inserted into Appendix 16-1. Again, there is no indication of an <br />`expiration date' in those documents. <br />In response to the Division of Water Resources letter (February 24, 2009) regarding review of TR-62 <br />by Dr. Vanarelli; it appears that the DWR is not aware that the information they requested (water <br />rights and an augmentation plan) is already in the Seneca II-W Mine permit. <br />e) SCC has not yet requested that all sediment ponds or stock ponds be approved as permanent. There <br />are still landowner requests outstanding. Once these are received then State Engineer approvals and <br />permanent pond demonstrations for the select structures will be provided. Attachment 20-2 will be <br />updated as documentation is obtained. <br />SCC understands that the Division cannot provide final approval for all the proposed permanent features <br />until all documentation is received. The compilation of all the documentation does not happen <br />overnight, therefore SCC has provided the Division with a list of the proposed permanent features and <br />will continue to update Attachment 20-2 as pertinent documents and other agency approvals are <br />received. SCC has taken this approach to minimize the continual revising of the postmining topography <br />map and the reclamation schedules. <br />Z Exhibit 20-2 does not show the same road configuration for Section 34 of the Rick's property as that shown on the <br />map accompanying the Ricks' request for retention of the roads There are more road segments shown on the Ricks' <br />request than are shown on Exhibit 20-2. Please determine which map is correct, and revise the other according. <br />Seneca Coal Company • P.O. Box 670 • Hayden, Colorado 81639 <br />Telephone (970) 276-5219 • FAX (970) 276-5222