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STATE OF COLORADO <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />1313 Sherman St.. Room 275 <br />Denver, CO 80203 <br />303 866-3567 <br />FAx~303 632-8106 <br />aF COO <br />~_'/~ 4 <br />N,, <br />e ~'YArf~?lo <br />'~~/;7 <br />~- <br />~ I8'r6 ~ <br />Roy Romer. <br />Governor <br />March 14, 1991 FredR Banta. <br />Division D~reaor <br />Mr. Gary W. Wendt <br />Peabody Coal Company, <br />Western Division <br />1300 South Yale <br />Flagstaff, Arizona 86001 <br />Re: Seneca II-W Mine, MR-15, File No. C-b2-057 <br />Dear Mr. Wendt: <br />The Givision is proposing to deny the above referenced minor revision <br />application at this time. Based on the extent of the additional disturbance <br />proposed, and uncertainties regarding the effect of the proposed disturbance <br />on storage capacity of Sediment Pond 006 (Phase I), we consider the proposal <br />to constitute more than a minor alteration in timing or sequencing and suggest <br />that the proposal be resubmitted as a technical revision application. <br />Specific questions and concerns we have at this time are listed below. <br />As you know, the allowable disturbance within the Pond 006 watershed is <br />limited to 277 acres until Phase 2 pond designs are approved and <br />implemented. TR-10, which addresses the Phase 2 designs was submitted on <br />January 15, 1991. The cover letter to TR-70 indicated that the existing <br />disturbance at that time within the Pond 006 watershed was 240 acres. We <br />are concerned that approval of the proposed additional disturbance would <br />result in a disturbed area which exceeds the 277 acre limitation. The <br />current disturbance acreage ~+ithin the Pond 006 watershed will need to be <br />accurately determined and a demonstration that the additional disturbance <br />would not exceed the 277 acre limitation will need to be made before the <br />proposal could be approved. <br />2. Based on our most recent inspection, it would appear that a portion of <br />the additional 54.5 acre area depicted on the proposed Exhibit 12-2 has <br />already been disturbed by vegetation clearing and/or topsoil stripping <br />operations. <br />Whether the area disturbed to date has been limited to the 24.3 acres <br />associated with temporary overburden pile TO B1 and associated access <br />roads approved within TR-9 is not clear, but will need to be determined. <br />If the disturbance has exceeded that approved in TR-9, an enforcement <br />action would be warranted. <br />The operational sequence as depicted on Exhibit 12-1 does not appear to <br />have been updated to reflect the revised mine plan which is the reason <br />for the disturbed acreage increase. The plan still indicates that <br />southern portions of the south block would be mined prior to the northern <br />portion of the south block. The map should be revised to accurately <br />reflect the anticipated sequence. <br />