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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources ~~:oF~co~r <br />Me <br />1313 Sherman St., Room 215 ~. <br />Denver, CO 80203 <br />Phone: (3031 866-3567 ' re~a' <br />FAX: 17031832-8106 <br />Roy Romer <br />Governoi <br />PROPOSED DECISION Michael B.LOng <br />Division Director <br />for <br />Approval of Permit Renewal <br />Pursuant to C.R.S. 34-33-109(7), the Colorado Division of Minerals and Geology <br />proposes to approve the renewal of a permit to conduct surface coal mining and <br />reclamation operations at the Seneca II Mine. <br />This decision is based on a. review of the complete and accurate application <br />and the existing permit, including all conditions and revisions approved up to <br />November 10, 1992. In accordance with C.R.S. 34-33-109(7)(a), the Division <br />makes a determination of the absence of the following criteria which would <br />warrant that the permit not be renewed: <br />1. The terms and conditions of the valid, existing permit are not being <br />satisfactorily meet; <br />2. The present surface coal mining and reclamation operation is not in <br />compliance with all requirements of the Colorado Surface Coal Mining <br />Reclamation Act, C.R.S. 34-33-101 et sec., and the Regulations <br />promulgated thereunder; <br />3. The renewal requested substantially jeopardizes the permittee's <br />continuing responsibility on existing permit areas; <br />4. The operator has not provided evidence that the performance bond in <br />effect for the operation will continue in full force for the proposed <br />period of renewal as well as any additional bond required; <br />5. Any additional revised or updated information as required has not been <br />provided. <br />Based on a preponderance of the evidence, the permit issued to Peabody Western <br />Coal Company meets the requirements under the right of successive renewal. <br />The permit application will remain a binding part of the permit. Renewal of <br />the permit will be for a term of five (5) years. <br />I conclude that there is no basis for denying the renewal. <br />DIVISION OF MINERALS AND GEOLOGY <br />Director <br />C~~ov ~ O ~ ~5~. <br />Date <br />0468G <br />