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'Cow y <br />S N ny Seneca Coal Compan <br />July 6, 2009 <br />Mr. Daniel Mathews JUL 0 1'1009 <br />Division of Reclamation, Mining and Safety <br />y <br />101 South 3`d, Suite 301 Mining Division or and Safety and Safety <br />Grand Junction, CO 81501 <br />(970) 242-5025 <br />RE: Seneca Yoast Mine (Permit C-1994-082) <br />Minor Revision No. 29 - Response to Adequacy Review (Round 2) <br />Mr. Mathews, <br />Seneca Coal Company (SCC) has reviewed the DRMS letter dated June 11, 2009 and has developed the <br />following response to the "new" issues 2 through 4. <br />2. The original February 12, 2008 submittal included a letterfmm the landowner (PSC/Xce? requesting that Sediment <br />Pond 011 be retained as a permanent structure. Pond 011 has not previously been proposed as a permanent structure, <br />and no demonstrations or commitments indicating an intent on the part of SCC to retain Pond 011 as permanent have <br />been included in MR-29. <br />Does SCCmtend to comply with the landowner request to retain Pond 011 as a permanent <br />impoundments Ifso, please include appropriate documentation and or commitments for <br />inclusion in Attachment 20-1 and Appen&G r 2O-l.2. Ifnot, please explain the reasons for <br />declining to amend the reclamation plan in conformance wAb the landowner request <br />[pursuant to Rule 2.05.5(I)(a)(iii)). <br />Response: SCC has not decided the fate of Pond 011 yet. The request stipulates that the pond hold no <br />more than 2 acre-feet of water and that all associated permits be cancelled. This request requires that the <br />existing spillways be removed and/or completely rebuilt and the associated embankment material be disposed <br />of. With these stipulations, SCC has to consider the expense to rebuild the pond versus totally removing the <br />pond and SCC has not yet made that decision. The Division will be informed whether the pond will remain <br />permanent prior to any Phase I bond release request for the pond. <br />3. For Stock Ponds ST-1 and 011A that are proposed as permanent, the sample based water quality analysis and <br />comparison to applicable agricultural use standards has not been provided The Division as a matter of course requires <br />such documentation prior to final bond release, for demonstration of compliance with Rule 4.05.9(13)(a). Please <br />provide the sample based demonstrations, or revise the "Permanent Pond Demonstration- <br />Water Quality" sections ofAppeadix 20-1.2 to include appropriate commitments, for the two <br />proposed permanent stock ponds. <br />Seneca Coal Company . P.O. Box 670 • Hayden, Colorado 81639 <br />Telephone (970) 276-5219 • FAX (970) 276-5222