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the powerline section of the road pre-dated Seneca II-W mine permit issuance, which <br />would make the powerline section of the road exempt from the vertical alignment criteria <br />of 4.03.3(3)(a). <br />Please clarify whether the powerline section of road existed prior to initial mine <br />permit issuance, and provide supporting documentation if this is the case, for <br />incorporation into the application. If the powerline section did exist prior to initial <br />permitting, we would recommend that the "pre-existing" road be given a separate <br />designation (perhaps LU-1 B), since it would be subject to different criteria than <br />the segment of road LU-1 from the Ridgeline Access Road up to the Substation. <br />TR-68 narrative and maps would need to be revised accordingly. <br />5. For newly designated permanent road segments (e.g. LU-1A and possibly re-designated <br />LU-1 B), and for road segments with alignments that differ from original design such as <br />LU-5, appropriate addenda to the original Landowner letters demonstrating landowner <br />agreement with the pertinent road modifications will need to be provided. Please <br />update the landowner request letters section of Appendix 20-2.1 as appropriate. <br />6. A sentence was added to the second paragraph under "Powerline and Substation" on <br />amended page 20-2.3, which states that "the letter from YVEA will be submitted when <br />received". The reason for insertion of this statement is unclear, since there is a letter <br />from YVEA in Appendix 20-2.1 (dated 11/19/08) indicating that certain specified YVEA <br />owned powerlines and associated facilities [within the Seneca II-W and other Seneca <br />Coal Company LLC permit areas] "will remain in place following the closure and <br />reclamation of the Seneca Coal Company operations and will remain under YVEA <br />control for future use". <br />Does SCC believe the 11/19108 YVEA letter is not sufficient? Please clarify and <br />amend the narrative section as appropriate. <br />C: Denver File