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STIPULATION NO. 18 <br />BY NO LATER THAN MARCH 15, 2007, THE OPERATOR WILL SUBMIT A COMPLETE <br />TECHNICAL REVISION APPLICATION THAT WILL DESCRIBE THE HISTORIC RECORD <br />BASED HERBACEOUS PRODUCTION STANDARD FOR NON-CROPLAND PORTIONS OF <br />THE HAUL ROAD CORRIDOR, PURSUANT TO RULE 4.15.7(2)(d)(v), INCLUDING ALL <br />APPLICABLE SUPPORTING DOCUMENTATION (OR REFERENCE TO SUCH <br />DOCUMENTATION IF PREVIOUSLY SUBMITTED TO THE DIVISION). FURTHER DATA <br />COLLECTION PROPOSED (IF ANY) TO ESTABLISH THE HISTORIC RECORD STANDARD <br />WILL ALSO BE DEFINED IN THE APPLICATION. <br />ALTERNATIVELY, THE APPLICATION WILL PROVIDE A PLAN AND APPLICABLE <br />SUPPORTING DOCUMENTATION FOR HERBACEOUS PRODUCTION SUCCESS <br />COMPARISON THAT WILL COMPLY WITH RULES 4.15.7(2)(d)(i) OR (iv). <br />STATUS: Future. <br />Summary <br />The Review Process <br />Seneca Coal Company submitted an application for a new permit on November 16, 1994. The <br />application was deemed complete on November 21, 1994, and notification of the complete <br />application was sent to required entities (per Rule 2.7.3(3)(b)) the same day. A public notice of the <br />application was published in the Hayden Valley Press once a week for four consecutive weeks <br />beginning December 15, 1994. <br />The Division transmitted preliminary adequacy review letters on January 20 and 23, 1995. During <br />the review, the Division received comments on the application from the Division of Water <br />Resources, Office of the State Engineer, the Colorado Natural Heritage Program, the U.S. Fish and <br />Wildlife Service, the U.S. Bureau of Land Management, and the Colorado Division of Wildlife. <br />SCC addressed and resolved the concerns raised by each of these agencies. <br />On February 24, 1995, the Division requested compliance information from all other coal mining <br />regulatory agencies in which the applicant and its controllers operate, to determine whether those <br />entities had any unabated violations, cessation orders, or unpaid civil penalties. No other regulatory <br />agency reported any of these permit conditions. <br />On Jung 30, 1995 the Division recommended approval of the permit with conditions, and on August <br />5, 1995 the Division issued the permit. <br />Permit Revision No. 1 was received by the Division on March O1, 1999. This permit revision <br />provides the updated, detailed life-of--mine plans for the mining, reclamation and related operations <br />for the Yoast Mine past the existing five-year permit term. The application was deemed complete for <br />Yoast Mine '~ February 28, 2006 <br />