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approved. As noted previously under Item 6a, above, commitments in the <br />approved permit narrative and proposed Attachment 20-2 would appear to <br />adequately address this concern. Rule 4.05.9(13) specifically requires <br />demonstration of compliance with applicable State law governing water rights, <br />and the operator has committed within the application to provide required <br />permanent impoundment demonstrations, including "documentation of State <br />Engineer approval and necessary water rights information for each pond ...prior to <br />bond release request". <br />We have prepared a letter to be sent (along with SCC's most recent response <br />submittal) to the Division of Water Resources, State Engineer, explaining the <br />commitments that have been included in the application pertaining to State <br />Engineer approval of permanent impoundments. We will forward a copy of <br />the State Engineer response to you (along with a request for revision of the <br />permit, if warranted) upon receipt. Due to the time that may be required for <br />State Engineer response, we will not delay issuance of the TR-62 proposed <br />decision for this item. <br />d) The Division requested documentation that permanent retention of the shop <br />area water well had been approved by the State Engineer. The operator submitted <br />information to support their contention that water rights for the well did not <br />preclude its retention for permanent agricultural maintenance use following <br />completion of mining related activity. <br />We have prepared a letter to the Division of Water Resources, Office of the <br />State Engineer, explaining the situation with regard to the shop well and <br />requesting their input (to be sent along with SCC's most recent TR 62 <br />responses). We will forward a copy of the State Engineer's response to you <br />(along with a request for revision of the permit, if warranted) upon receipt. <br />e) The Division requested landowner comments regarding retention of certain <br />sediment ponds and stock ponds, and retention of fencing, as permanent <br />structures. <br />SCC responded that Attachment 20-2 would be updated as documentation for <br />sediment pond and stock pond retention (including landowner requests and <br />agency approvals) is obtained. For permanent impoundments, adequate <br />commitments are provided within Attachment 20-2 and the approved permit text, <br />to ensure that such documentation will be provided prior to Phase I bond release„ <br />For other structures including fencing and powerlines, for which landowner <br />requests have not yet been provided, please include a commitment within <br />amended Attachment 20-2 to provide such landowner requests prior to <br />submittal of the pertinent phased bond release application. The Division <br />recognizes that such commitment to comply with regulatory requirements might <br />5