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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 17, 2009 <br />Roy Karo <br />Seneca Coal Company, LLC <br />P.O. Box 670 <br />Hayden, CO 81639 <br />RE: Seneca II-W Mine (Permit No. C-1982-057) <br />Reclamation Cost Liability Clarification; TR 61 and TR-63 <br />Dear Mr. Karo: <br />COLORADO <br />DIVISION OF <br />RECLAMATION <br />MINING <br />- &- <br />SAF ETY <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 />Jay James earlier today pointed out that our proposed decision form for the recently <br />approved TR-63 did not reflect the current reclamation liability amount, which was <br />determined during the most recent mid-term review to be $11,117,348.00 (see the Mid- <br />term Review Letter dated September 29, 2008). On further investigation, we found that <br />the TR-61 proposed decision form contained the same errors regarding the reclamation <br />liability amount. Proposed decisions for both technical revisions were issued subsequent <br />to the mid-term review liability determination, and should have listed "Prior Liability" <br />and "Revised Liability" as $11,117,348.00. The errors occurred because our permit <br />system had not been updated to reflect the revised liability amount following completion <br />of the mid-term review. <br />I apologize for the error and appreciate that it was brought to my attention. We have <br />updated the permit system reclamation liability to reflect the current $11,117,348.00 <br />amount. The next revision form generated should automatically list this amount as "Prior <br />Liability". <br />Please cod tkct me if you have any questions. <br />EnviroWmental Protection Specialist <br />C: Denver File <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines