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<br />III IIIIIIIIIIIIIIII <br />sss <br />United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />BROOKS TOWERS <br />1020 I SiH STREET <br />DENVER, COLORADO 80202 <br />MAR 0 8 1985 <br />David C. Shelton, Director <br />Mined Land Reclamation Division <br />Department of Natural Resources <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />Dear Mr. Shelton: <br />~~~ ~ W <br />~~~~~ ~~® <br />MARY? ~oc;5 <br />Ph'INED (ADp ReclAa".atlcf! n!v!s!or~ <br />Cc!o, p <br />4zlural Resuurce~ <br />The Western Technical Center of the Office of Surface Mining has <br />completed its initial review of Peabody Coal Company's Seneca II-W mine <br />permit application package (PAP). Our comments are listed below. We <br />will forward the Bureau of Land Management's comments about April 5, 1985. <br />Comments <br />1. It is not clear whether Peabody is applying for a mining plan approval <br />for the life-of-mine operations within the Federal leases, initial permit <br />term operations within the Federal leases, or some area in between. This <br />should be clearly stated and the area proposed for mining plan approval <br />should be clearly identified. <br />2. In the discussion pertaining to designating lands unsuitable for <br />surface coal mining, Peabody claims that substantial financial and legal <br />commitments were in existence for the Seneca mine prior to January 4, <br />1977. This PAP is for the Seneca II-W mine. Peabody also identified a <br />long term coal contract with the Colorado-Ute Electric Association, dated <br />December 1, 1971, but has not provided any information regarding the <br />significant investments that have been made in the Seneca II-W mine on <br />the basis of that contract (RE: Rule 1.04(128) and 30 CFR Part 762). <br />Peabody must demonstrate that significant investments in the Seneca II-W <br />mine were made prior to January 4, 1977 on the basis of that contract to <br />claim that the lands within the proposed permit area are exempt from <br />designation as unsuitable for mining under Rule 7 and 30 CFR Subchapter <br />F. If no petition for designating lands unsuitable for surface mining <br />was received prior to publication of the public notice of availability of <br />the permit application, then there is no need to claim exemption. In any <br />event, the applicant must provide the information required by Rule <br />2.03.7(1). <br />