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S Cooa,N Company Seneca Coal Company <br />June 2, 2009 <br />Mr. Daniel Mathews RECEIVED <br />Division of Reclamation, Mining and Safety <br />101 South 3`d, Suite 301 JUN U 5 ?009 <br />Grand Junction, CO 81501 <br />(970) 242-5025 Division o. <br />Mining and Safety <br />RE: Seneca Yoast Mine (Permit C-1994-082) <br />Minor Revision No. 29 - Response to Adequacy Review <br />Mr. Mathews, <br />Seneca Coal Company (SCC) has reviewed the DRMS letter dated February 18, 2009 (from Susan Burgmaier) <br />and has developed the following response. <br />DRMS Concerns. <br />The Division is requesting that SCC include language in Attachment 20-1 of the permit application package that <br />specifically identifies the remaining permitting requirements forpermanent structures (as listed below) and commits to <br />satisfying them prior to final bond release. In addition to the required landowner comments, before the features can be <br />approved for permanent retention, the following regulatory requirements need to be addressed.- <br />a. For all features, as required by Rule 2.05.5(1)(a), a description of how the proposed features will be compatible with the <br />approved Postmining land use. <br />b. Comments frvm Routt County (in accordance with Rule 2.05(1)(6)) indicating their knowledge of and agreement with <br />retention of all proposed permanent features. <br />a For the ponds, information addressing the requirements of Rule 4.05.9(13) and, in accordance with Rule 2.05.5(1)(6), <br />documentation that the State Engineer has been contacted and any additional requirements of the State engineer have <br />been met (dam safety, water rights/augmentation). If there are specific requirements of the State Engineer regarding <br />water release/augmentation orpond maintenance, SCC will need to obtain letters from affected landowners <br />acknowledging any such requirements or conditions <br />Response: <br />a. Attachment 20-1 has been updated to address your concerns. <br />b. Seneca is not changing any land use, zoning or affecting any county roads; therefore comments from <br />Routt County are not required. <br />Seneca Coal Company . P.O. Box 670 • Hayden, Colorado 81639 <br />Telephone (970) 276-5219 a FAX (970) 276-5222