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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 C O L O RA D O <br />[ <br />Phone: (303) 866-3567 r v t s 1 o N o f <br />D <br />FAX: (303) 832-8106 I <br />ECLAMATION <br /> MINING <br /> <br /> SAFETY <br />August 24, 2009 Bill Ritter, Jr. <br /> Governor <br />Roy Karo Harris D. Sherman <br />Seneca Coal Company, LLC Executive Director <br />37796 Routt County Road 53 Ronald W. Cattany <br />P.O. Box 670 Division Director <br />Hayden, CO 81639 Natural Resource Trustee <br />Re: Seneca II Mine (Permit No. C-1980-005) <br />Decision - Minor Revision No. 61 (MR-61) <br />Permanent Stock Pond Water Quality Results <br />Dear Mr. Karo: <br />Enclosed you will find the Division of Reclamation, Mining and Safety's Decision Form for Minor Revision No. 61 at the <br />Seneca II Mine. <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 fmal approval. <br />Please refer to the Performance Bond heading on the enclosed decision form. If the amount of Bond Held equals or exceeds the <br />Revised Liability, you need not submit additional bond. However, if the Revised Liability exceeds the Bond Held, please <br />submit additional bond or rider to your existing bond that equals or exceeds the Revised Liability. This Minor Revision must <br />not be implemented until any required increase in bond is submitted to and approved by the Division. <br />Adequate water quality demonstrations were provided for 11 of the 13 ponds. Demonstrations were not provided for Stock <br />Ponds 4 and 8, because the two ponds "did not contain enough water to obtain a sample". Note that, under the "WATER <br />PERSISTENCE" narrative on amended text page 1 of Appendix 13-9, the ponds will continue to be inspected on a regular <br />basis, and if any pond remains dry' for three successive years, the pond will be reclaimed. As such, water quality <br />demonstration will need to be provided within the next two years for Stock Ponds 4 and 8. If such quality <br />demonstrations cannot be made within the next two years due to insufficient water in either of the ponds, the ponds <br />would need to be reclaimed. <br />If you have any questions, please contact me. <br />Sincerely, <br />I <br />lanieJTY Mathews <br />Environmental Protection Specialist <br />DTM/Ahd <br />Enclosure <br />cc: Carl Johnston, Office of Surface Mining, with enclosures <br />C-MR-06 C1980005 DTM 08242009091034.doc <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines