2009-04-17_REVISION - C1982057 (2)

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STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 C O L D RA D O Phone: (303) 866-3567 D I V I S I O N o f RECLAMATION FAX: (303) 832-8106 G MINIM SAFETY April 17, 2009 Bill Ritter, Jr. Roy Karo Governor Seneca Coal Com an LLC Harris D. Sherman p y, Executive Director P.O. Box 670 Ronald W. Cattany Hayden, CO 81639 Division Director Natural Resource Trustee RE: Seneca n-W Mine (Permit No. C-1982-057) Reclamation Cost Liability Clarification; TR 61 and TR-63 Dear Mr. Karo: Jay James earlier today pointed out that our proposed decision form for the recently approved TR-63 did not reflect the current reclamation liability amount, which was determined during the most recent mid-term review to be $11,117,348.00 (see the Mid- term Review Letter dated September 29, 2008). On further investigation, we found that the TR-61 proposed decision form contained the same errors regarding the reclamation liability amount. Proposed decisions for both technical revisions were issued subsequent to the mid-term review liability determination, and should have listed "Prior Liability" and "Revised Liability" as $11,117,348.00. The errors occurred because our permit system had not been updated to reflect the revised liability amount following completion of the mid-term review. I apologize for the error and appreciate that it was brought to my attention. We have updated the permit system reclamation liability to reflect the current $11,117,348.00 amount. The next revision form generated should automatically list this amount as "Prior Liability". Please coy ikct me if you have any questions. Envird'hmental Protection Specialist C: Denver File Office of Office of Mined Land Reclamation Denver - Grand Junction - Durango Active and Inactive Mines