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United States Department of the Interior -?166 <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />P.O. Box 46667 <br />Denver, Colorado 80201-6667 <br />IN REPLY REFER TO: <br />May 1, 2009 <br />RECEIVED <br />Ronald W. Cattany, Director <br />Division of Reclamation, Mining and Safety d AY 0 4 2009 <br />1313 Sherman Street, Room 215 Division of Reclamation, <br />Denver, CO 80202 Mining and Safety <br />RE: Phase II Bond Release (SL-3), Seneca Coal Company, Seneca II Mine, <br />Permit No.C-1980-005, Proposed Decision and Findings of Compliance <br />Dear Mr. Cattany: <br />This letter acknowledges the Office of Surface Mining (OSM), Western Region (WR), <br />Denver Field Division's (DFD) receipt and review of the above Phase II Bond Release <br />Proposed Decision document prepared by the Division of Reclamation, Mining and Safety <br />(DRMS) dated April 1, 2009. DFD agrees with the findings and decision document and <br />hereby provides OSM concurrence for the above bond release action in accordance with <br />30 CFR 740.15 (d) (3), and 30 CFR 906.30, Article IX, Section 24, of the State-Federal <br />Cooperative Agreement. <br />A thorough summary of previous bond release actions and the operational and reclamation <br />history of the mine are accurately captured in the above DRMS Proposed Decision. The <br />required public, governmental agency, and landowner notifications of the bond release <br />application provided by Seneca Coal Company (SCC), the bond release inspection <br />notifications provided by DRMS, DRMS's inspection report for the bond release <br />inspection, and related correspondence is also documented in the Proposed Decision. <br />The DRMS scheduled and conducted the bond release inspection on July 15-17, 2008 in <br />accordance with Rule 3.03.2(2). OSM, the Bureau of Land Management (BLM), and all <br />affected and adjacent landowners were notified of the bond release inspection. <br />Representatives of the BLM, DRMS, and SCC participated in the bond release inspection. <br />OSM did not participate but has reviewed the resulting DRMS inspection report, the <br />DRMS Proposed Decision and Findings of Compliance noted above, and associated <br />correspondence and maps used during the bond release inspection. DRMS conducted a <br />follow-up inspection on October 18, 2008 to ensure that maintenance items and concerns <br />noted in the August 18, 2008 inspection report had been adequately addressed. <br />TAKE PR 10 EITwo-0--i ? <br />IN MEAIC ? <br />A"_v VV-1n