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S`ENECA <br />coal con wny <br />Seneca Coal Compa <br />March 19, 2009 <br />Ms. Susan Burgmaier <br />Division of Reclamation, Mining and Safety <br />1313 Sherman, Room 215 <br />Denver, CO 80203 <br />RE: Seneca II-W Mine (Permit C-1982-057) <br />Technical Revision No. 62 - Response to Mid-Term Adequacy Review (2nd Round) <br />Ms. Burgmaier, <br />Seneca Coal Company (SCC) has reviewed your Mid-term review of SCC's 1" round responses (dated <br />February 18, 2009) and has developed the following responses to your comments. <br />1. <br />(7) Resolved <br />(8) Resolved <br />(9) Resolved <br />(10) Resolved <br />2. Resolved <br />3. SCC proposes to replace the flow from the two springs with water flowing into Pond 016. This is acceptable for <br />the remainder of the time the mine is permitted, but since it is not clear whether SCC has rights to store water in <br />Pond 016 on a permanent basis, and Pond 016 has not been approved for permanent retention (SCC has not <br />provided any of the required information for retention of this pond), the proposed plan does not address water <br />replacement on a permanent basis. Prior to final bond release, SCC will need to obtain approval forpermanent <br />retention of Pond 016 orpmpose an alternative replacement/ augmentation plan for the water rights to the springs. <br />Please indicate whether SCC intends to address this concern along with the review of TA-62, or would prefer that <br />resolution of this item be addressed in a stipulation to our approval of the revision. <br />Please update Attachment 16 A, 'Water Bights Investigation and Plan for Augmentation" to include a <br />discussion of the Friederich springs. <br />Response: As SCC stated in their previous response to this issue, "Water flowing into Seneca's Pond <br />016, with an average flow of 56 gpm, will be used to replace the spring's water rights. Page 11 of Tab 16 <br />has been revised to indicate this." <br />Seneca Coal Company • P.O. Box 670 • Hayden, Colorado 81639 <br />Telephone (970) 276-5219 • FAX (970) 276-5222