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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />August 24, 2009 <br />Roy Karo <br />Seneca Coal Company, LLC <br />27796 Routt County Road 53 <br />P.O. Box 670 <br />Hayden, CO 81639 <br />Re: Yoast Mine (Permit No. C-1994-082) <br />Proposed Decision - Technical Revision No. 41 (TR-41) <br />Termination of Wildlife Monitoring <br />Dear Mr. Karo: <br />COLORADO <br />DIVISION' OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />Enclosed you will fmd the Division of Reclamation, Mining and Safety's Proposed Decision for Technical Revision No. 41 at <br />the Yoast Mine. Notice of the proposed decision will be published in the Steamboat Pilot as soon as possible. The first <br />publication will initiate the ten (10) day public comment period for the Division's decision. <br />Documentation must be submitted to the Division demonstrating that a copy of the approved revision application was sent to the <br />Office of Surface Mining and the Bureau of Land Management. The material should be sent within 15 days of final approval. <br />Please refer to the Performance Bond heading on the enclosed proposed decision form. If the amount of Bond Held equals or <br />exceeds the Revised Liability, you need not submit additional bond. However, if the Revised Liability exceeds the Bond Held, <br />please submit additional bond or rider to your existing bond that equals or exceeds the Revised Liability. This Technical <br />Revision must not be implemented until this proposed decision becomes final and until any required increase in bond is <br />submitted to and approved by the Division. <br />Attached to this letter are written comments we received from both the Colorado Division of Wildlife (CDOW) and the U.S. <br />Fish and Wildlife Service (USFWS). Note that CDOW has requested continued access to the mine property to conduct wildlife <br />monitoring as warranted. Based on previous discussion, our understanding is that SCC will cooperate with CDOW in this <br />regard, and will continue to allow CDOW to have access to the mine property for wildlife monitoring purposes. <br />If you have any questions, please contact me. <br />Sincerely, <br />Daniel T. Mathews <br />Environmental Protection Specialist <br />Enclosure <br />cc: Carl Johnston, Office of Surface Mining, with enclosures <br />C-TR-06 C1994082 DTM 08242009091812.doc <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines