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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Raom 215 <br />Denver, Colorado 80203 <br />Phone: (303) 8663567 <br />FAX: (303) 832-8106 <br />July 13, 2006 <br />Mr. Roy A. Karo <br />Reclamation Manager <br />Seneca Coal Company <br />P.O. Box 670 <br />Hayden, CO 81639 <br />COLORADO <br />DIVISION O F <br />MIN SRALS <br />GEOLOGY <br />0.ECLANATION•NINING <br />SAFETY•ECIENCE <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Catrany <br />Division Director <br />Natursl Resource Tolosa <br />Re: Seneca II Mine (Permit No. C-80-005), Technical Revision No. 37 <br />Office Of The State Engineer Response to Permanent Impoundment Proposal <br />Dear Mr. Karo: <br />The CDMG received a memorandum from the Office Of The State Engineer (SEO) in response <br />to Seneca Coal Company's permanent pond demonstrations and flexible siphon pipe proposal to <br />allow for the release ofout-of-priority inflows from Ponds 002, 003, 004, 008, and PECOCO <br />Pond. Enclosed please find one copy of the memo from Craig M. Lis, P.E. of the SEO. <br />This memo was received by the CDMG on July 12, 2006. The SEO indicates that the siphon <br />pipe proposal is not acceptable for Ponds 002, 003, and the PECOCO Pond since these are <br />excavated structures. The CDMG hereby incorporates the SEO's review comments regarding the <br />use of flexible siphon pipe for dewatering into our adequacy review for TR-37. <br />[ spoke with Craig Lis on July 13, 2006 to determine if there could be an alternate proposal to the <br />siphon pipe for Ponds 002, 003, and the PECOCO Pond. He indicated that they would review <br />and consider other proposals including the use of a pump at these structures. He cautioned that <br />he has reservations regarding the use of a pump, but that the Division Office and Water <br />Commissioner would review the proposal. <br />The CDMG recommends that SCC put in writing an alternate plan for releasing out-of-priority <br />inflows at the above-mentioned structures. Landowners should be fully informed of any <br />Office of Office of Colorado <br />Mined Land Reclamation Active and InaRive Mines Geological Survey <br />