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<br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman 51., Room 215 <br />Denver, Colorado 80203 <br />Phone: (3031 8663567 <br />FA%:13031832-8106 <br />Findings of the Colorado Division of Minerals and Geology <br />Office of Mined Land Reclamation <br />Succession of Operator <br />Seneca II Mine <br />Permit No. C-80-005 <br />October 11, 1994 <br />~~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />lames 5. Lochhead <br />Esecwive D~redor <br />Michael B. Lung <br />Diaision Dneaor <br />Seneca Coal Company has applied for transfer of rights for the Seneca II Mine from Peabody <br />Coal Company. Pursuant to Rule 2.08.6(4) of the Rules and Regulations of the Colorado Mined <br />Land Reclamation Board for Coal Mining (Rules) promulgated pursuant to the Colorado <br />Surface Coal Miningg Reclamation Act (Act) 34-33-101 et• se°• C.R.S. 1973 as amended, the <br />Division makes the followin three written findings for approval of the transfer of rights under <br />the permit for the Seneca II Mine: <br />1. Seneca Coal Company, upon compliance with Stipulation 27 on the Seneca II Mine <br />permit, will be eligible to receive a permit in accordance with Rule 2.07.6(1)(b), (c), and <br />(2). The stipulation requires resolution of the appeal of Kentucky State Cessation Order <br />No. 010677, and the Office of Surface Mining's audit of payment of Abandoned Mined <br />Land fees, Bill No. 930242003. The stipulation is as follows: <br />"The permit transfer from Peabody Coal Company to Seneca Coal <br />Company is conditioned upon resolution of: <br />1. Kentucky State Cessation Order No. 010677 <br />2. OSM AML fee audit bill No. 930242003. <br />Proof of resolution of these issues must be submitted to the Division <br />as soon as it becomes available." <br />2. Seneca Coal Company has submitted a performance bond equivalent to the bond of <br />Peabody Coal Company, the original permittee. <br />3. Seneca Coal Company has committed to conduct the operations involved in full <br />compliance with the terms and conditions of the original permit, and in accordance with <br />the requirements of the Act and the Rules. <br />SLB\ 100794C. WP <br />