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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 />COLORADO <br />Q I V I S I O N O F <br />RECLAMATION <br />MINING <br />SAFETY <br />July 25, 2012 John W. Hickenlooper <br />Governor <br />Roy Faro Mike King <br />Seneca Coal Company, LLC Executive Director <br />P.O. Box 670 Loretta E. Pineda <br />Hayden, CO 81639 Director <br />Re: Seneca II -W Mine (Permit No. C- 1982 -057) <br />Technical Revision No. 77 (TR -77) <br />TR -77 Demonstrations for Permanent Retention of Sedimentation Ponds and Stockponds <br />Dear Mr. Karo: <br />The Division has completed its adequacy review of your TR -77 application for the Seneca II -W Mine, and has <br />the following comments regarding the application. <br />1. Page 1 of Appendix 20 -2.2 includes a discussion, Linder the heading "Rule 4.05.9(13)(a)" of the quality <br />of Pond 005 water. The fourth line of the paragraph mistakenly references Pond 009. Please revise the <br />paragraph to reference Pond 005. <br />2. Seneca Coal Company (SCC) indicates that approval by the State Engineer's Office (SEO) for <br />permanent retention will be provided for Ponds 005, 006, 009, 015, 016, and 017, as required by Rule <br />4.05.9(13)(d). To date the Division has not received approval documentation and will require SEO <br />approval before this revision will be approved. <br />3. SCC indicates that landowner approval for permanent retention of the requested structures will be <br />provided. To date, landowner approval from the Friederich Trust (owners of Pond 016 land) and The <br />Salt River Project (Pond 005 and T18, 20, and 24) have not been received. The Division will require <br />documentation of approval of these landowners before this revision will be approved. <br />4. Currently approved page 20 -2.5 includes Stock Tank T -25 in the list of proposed permanent structures. <br />Since SCC is not proposing permanent retention of this structure, and since it has been reconstructed as <br />a surge structure, it should be removed from this list. Please revise this page accordingly. A signed <br />amendment to the Ricks agreement in Appendix 20 -2.1, indicating that T25 will not be retained, should <br />also be provided for placement in the permit application package. <br />If you have any questions, please contact me. <br />Sincerely, <br />Susan L. Burginaier <br />Environmental Protection Specialist <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />