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III IIIIIIIIIIIII III 999 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Depanmenl of Natural Re~nurmc 1313 Sherman SL, Room 21 S Denver, ColomAo 80?03 Phone. (3071866-3567 FAX: (3031 63? 8106 November 26, 1996 Ms. G. Irene Crawford Peabody Western Coal Company 1300 South Yale Street Flagstaff, AZ 86001 RE: Seneca Coal Company Yoast Mine (C-94-082) Notice of Violation C-96-017 Dear Ms. Crawford, II~~~ DEPARTMENT OF NATURAL RESOURCES Roy Romer Governor lames 5 Lochhead Execulrve Director Michael B Long Division Dueclor The Division of Minerals and Geology has received your request to reconsider notice of violation C-96-017 issued to the Seneca Coal Company's Yoast Mine. Based on the information presented by Seneca Coal Company and the Division, I find that a violation did occur. I do not, however, 5nd that all of the violations cited in Notice of Violation No. C- 96-017 occurred. It is apparent that disturbance associated with moving the dragline from the Seneca II Mine to the Yoast Mine is considered surface coal mining and reclamation operations as defined by C.R.S. 34-33-103(25). The act states that areas where surface coal mining and reclamation activities occur include areas affected by the construction of new roads or the improvement or use of existing roads incident to surface coal mining and reclamation operations. The disturbance adjacent to Routt County Road 27a (RCR 27a) was conducted by Seneca Coal Company for the sole purpose of moving the dragline from one mine to another. The disturbance facilitated mining related activities at the Yoast Mine. It is not evident, however, that RCR 27a needs to be included in the mine permit because of the disturbance associated with the dragline route. The road is a public road as defined under Rule 1.04(111). However, the area adjacent to the road was significantly disturbed to allow the dragline to safely pass, and should be reclaimed in accordance with the coal regulations.