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Consequences and Ground Water Points of Compliance will be submitted for inclusion into the <br />permit application package via a forthcoming technical revision. <br />Seneca Coal Company adequately responded to all concerns associated with Permit Renewal No. 2. <br />The proposed decision to approve the permit renewal application was issued on August 2, 2005. <br />Permit Revision No. 2 was received by the Division on April 1, 2005. The total Seneca mining <br />operation is approaching the end of mine life. The poor performance of the Highwall Miner, and <br />ever-increasing overburden depth that exceeds the operating limit of the 650 dragline has adversely <br />affected economic performance of Seneca Coal Company; therefore Peabody Energy has made a <br />corporate decision to cease coal production at the Yoast Mine. Highwall mining operations were <br />terminated in December 2005. This decision has affected the approved timing of backfilling and <br />grading activities of the Yoast and Seneca II-W Mines. As a result, Permit Revision No. 2 updates <br />the life-of--mine plan for the Yoast operation and proposes significant changes to the mine plan and <br />reclamation plan. <br />The permit revision application was deemed complete for the purposes of filing on April 7, 2005. <br />Appropriate agencies were notified of the permit revision application by letters dated Apri17, 2005. <br />The Colorado Division of Wildlife (DOW) and the Colorado Historical Society were the only <br />agencies that responded to the notification. In a letter to the Division dated June 17, 2005 the DOW <br />provided comments on the proposed amendments to the Revegetation Plan. SCC responded to the <br />DOW comments in a letter to the Division dated July 7, 2005. All DOW concerns were resolved <br />with the July 7, 2005 letter and subsequent January 30, 2006 response letter from SCC. In a letter <br />dated April 13, 2005 the Colorado Historical Society found that since the permit revision will disturb <br />no new lands, there would be no effect to cultural resources. <br />Seneca Coal Company published public notice of its permit revision application in the Steamboat <br />Pilot during four consecutive weeks, beginning on April 24, 2005. There were no comments <br />regarding this permit revision application received by the Division as a result of the public notice. <br />Division adequacy review letters were sent to SCC on June 9, 2005 and January 10, 2006. SCC <br />adequately addressed all adequacy concems with the exception of one adequacy item regarding <br />applicable production standazds for the non-cropland reclamation within the haul road corridor. This <br />adequacy item has not been definitively resolved and is the subject of new Stipulation No. 1 8 listed <br />above. <br />The reclamation cost estimate was reevaluated with regard to comments received from the operator <br />concerning the bond liability estimate prepared for Permit Renewal No. 2, and to include changes to <br />the mine plan and reclamation plan resulting from Permit Revision No. 2. The new calculated <br />liability for the Yoast Mine is $4,918,223.00. This is a bond reduction from the previous estimate <br />prepazed for TR-25. The bond reduction is based solely on changes to the reclamation plan and not a <br />bond release for reclamation completed. The Division currently holds a surety bond in the amount of <br />$5,200,000.00. <br />Yoast Mine (~ February 2$ 2006 <br />