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E~~i4 <br />Scoslcvmpanr Seneca Coal Company <br />December 8, 2003 <br />R~wr~°~~~D <br />Mr. Mike Boulay <br />Division of Minerals and Geology DEC 1 i 2003 <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203-2273 Division of Nrinc, ;IS and Geology <br />RE: Seneca Yoast Mine Permit C-94-082 <br />CO-2003-012 Abatement Deadline Extension Request <br />Dear Mr. Boulay, <br />Seneca Coal Company (SCC) respectfully requests an extended abatement date for topsoil replacement <br />and seeding at the Valora Pit specified in CO-2003-012. The specified time for abatement is on or <br />before January 19, 2004. <br />In compliance with the CO-2003-012, SCC has completed backfill and grading activities in the 2001- <br />2002 area shown on Exhibit 19-1A. However, topsoiling and seeding activities cannot be completed due <br />to climatic conditions (i.e. snow covered ground). The topsoiling would require that topsoil be placed <br />over saturated (snow covered or extremely muddy) spoil and placement by scrapers under these <br />conditions causes deep ruts and unsafe operating conditions. <br />Therefore, under Rule 5.03.2(c) ".....Circumstances which may qualify a surface coal mining operation for <br />an abatement period of more than 90 days are:....', and specifically with reference to Rule 5.03.2(2)(c)(iv) <br />"where climatic conditions preclude abatement unthin 90 days, or where, due to climatic conditions, <br />abatement within 90 days clearly would cause more erzr~ronmerztal harm than it would prevent or,•° SCC <br />believes that attempting to place topsoil over snow covered/ saturated regraded spoil would cause more <br />harm. <br />SCC respectfully requests an extension to the abatement date be granted for topsoiling, seeding, and <br />postmine channel construction activities until climatic conditions improve. SCC requests an extension <br />of 90 days until April 7, 2004. <br />If there are any questions or comments, please contact me at (970) 276-5227. <br />Sincerel~'~~ <br />L~0 <br />Roy A. Karo <br />Reclamation Manager <br />Seneca Coal Company <br />Seneca Coal Company • P.O. Box 670 • Hayden, Colorado 81639 <br />Telephone (970) 276-3707 • FAX (970) 276-3014 <br />