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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />April 16, 2009 <br />Roy Karo <br />Seneca Coal Company, LLC <br />P.O. Box 670 <br />Hayden, CO 81639 <br />Re: Seneca II Mine (Permit No. C-1980-005) <br />Minor Revision No. 60 (MR-60); Geotechnical Drilling <br />Dear Mr. Karo: <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />We have received your minor revision application to revise your permit to conduct coal mining in <br />Colorado. Our initial review indicates that all preliminary items required by the Colorado Surface Coal <br />Mining Reclamation Act, Section 34-33-101 et seq., C.R.S., have been submitted. Thus, your application <br />has been considered complete for the purposes of filing as of April 16, 2009. All review and comment <br />periods as provided in the Act and the Regulations initiate from this date of filing. <br />Based on statements made in the cover letter and the introductory section of proposed Appendix 12-9, <br />SCC has clearly indicated their authorization for the proposed geotechnical drilling to be conducted by <br />Peabody Sage Creek Coal Company within the Seneca II permit area (under amended NOI No. X-2009- <br />231-00). SCC has also properly indicated that the reclamation responsibility and liability associated with <br />the proposed drilling activity would reside with Peabody Sage Creek Coal Company. <br />The Division will be conducting a technical adequacy review of the proposed drilling activity within the <br />context of our review of amended NOI No. X-2009-231-00. Upon resolution of adequacy issues with <br />Peabody Sage Creek Coal Company on the amended NOI, we will request that SCC provide <br />corresponding modifications to Appendix 12-9, prior to approval of MR-60. The Division will endeavor <br />to issue decisions on MR-60 and amended NOI No. X-2009-231-00 as contemporaneously as practicable. <br />If you have any questions, please contact me. <br />Sincerely, -- <br />. <br />Daniel T. Mathews <br />Environmental Protection Specialist <br />DTM/Jrc <br />Office of Office of <br />Mined Land Reclamation Denver • Grand )unction • Durango Active and Inactive Mines