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• <br />had not yet been filed with the District Court for Water District 57. SCC <br />verified this during the week of June 12, 1995. The plan and associated water <br />right filings had not been filed due to minor typographical errors on each of the <br />draft filing forms. The problems with the forms has been corrected, and the <br />forms will be filed with the District Court by June 23, 1995. Page 12 of Chapter <br />16 (Protection of the Hydrologic Balance) has been revised to correctly state that <br />the plan and associated water rights filings will be submitted by June 23, 1995. <br />Air Quality Permit <br />Work has begun on the new Yoast Air Pollution Emission Notice (APEN) and <br />will be submitted by July 15, 1995. The permit will not be required for haul <br />road construction activities this year. Seneca will have the permit-in-hand prior <br />to blasting, stripping, or coal hauling from Yoast in the Fall of 1996. <br />Federal and State Explosives Permits <br />Blasting will not be required on any portions of Haul Road A during the 1995 <br />construction. All necessary permits will be applied for and obtained prior to <br />conducting any blasting activities. These permits/modifications will be made <br />later this year prior to construction activities starting back up in the Spring <br />1996. <br />Public Road Within 100 Feet of Permit Boundary <br />Insofar as certain portions of the lands covered in SCC's proposed mine permit <br />are within 100 feet of Routt County Road No 37, SCC is required per Colorado <br />Regulation 2.07.6(2)(d)(iv)(A) to obtain the approval of the authority with <br />jurisdiction over the public road. A waiver was sent to Mr. Paul Draper, <br />Director of Roads and Bridges in Routt County, on June 5, 1995 (see attached <br />letter). SCC and Routt County are currently discussing this issue. SCC <br />anticipates the waiver will be signed by July 29, the final hearing date <br />scheduled for the Special Use Permit. <br />Dwelling Within 300 Feet of Permit Boundary <br />Under Section 2.07.6(2)(d)(v) of the Rules and Regulations of the Colorado <br />Mined Land Reclamation Board, the owner of any occupied dwelling within 300 <br />feet measured horizontally from the permit boundary must provide a written <br />wavier consenting to surface coal mining operations closer than 300 feet. One <br />such dwelling, owned by Brian and Shannon Valora, meets the above criteria. <br />A copy of the letter sent to the homeowner and the signed waiver was submitted <br />on June 19, 1995 for insertion into Appendix 22-2, Tab 22 of the permit <br />application. <br />