2013-07-31_REVISION - C1982057 (2)

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S 2e, ny August 1, 2013 Jared Ebert Division of Reclamation, Mining and Safety 1313 Sherman Street, Room 215 Denver, CO 80202 RE: Seneca II -W Mine (Permit C -82 -057) SL -4 Adequacy Review Response, Round 2 Mr. Ebert, Seneca Coal Compa %tt-WED AWL 3 7 2013 RECL4A#Al7 ON AND S*M Seneca Coal Company (SCC) has reviewed your letter of July 29, 2013 regarding Bond Release Application SL -4. Following are the responses to the adequacy issues. Permanent Impoundments The following impoundments are under consideration for Phase I Bond Release; Ponds 005, 006, 009, 015, 016, 017, and stock tanks; T -2, T -3, T -5, T -18, T -20, T -22, T -24, T -26 and T -27. 1) In accordance with Rule 4.05.9(13), the Operator must submit a demonstration that an impoundment will be left as a permanent feature. Appendix 20 -2.2 of the permit contains a number of these demonstrations for several of the impoundments proposed to be left in place. The following impoundments are lacking the required permanent impoundment demonstration: Pond 005, T -18, T -20, T -22 and T -24. Prior to the approval for any bond release for these impoundments, Seneca Coal Company (SCC) must submit the required permanent pond demonstration. 2) Appendix 20 -2.1 of the permit contains letters signed by various landowners requesting permission for certain structures /facilities to be left in place as a permanent feature. The following impoundments are lacking permission of the landowner to be retained as a permanent feature: Pond 005, T -18, T -20, T -22 and T -24. Prior to the approval for any bond release for these impoundments, SCC must submit documentation the landowner desires for these structures to remain as a permanent feature. 3) Attachment 20 -2 of the permit indicates SCC will submit documentation the Office of the State Engineer (SEO) approves of the retention of each Sediment Pond and Stockpond. The following impoundments are lacking the required SEO approval documentation: Sediment Ponds 005, 006, 009, 015, 016, 017 and Stock Ponds T -18, T -20, T -22, T -24 and T -26 Prior to the approval for any bond release for these impoundments, SCC must submit the required SEO approval Seneca Coal Company • P.O. Box 670 • Hayden, Colorado 81639 Telephone (970) 276 -5219 • FAX (970) 276 -5222