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Proposed Decision <br />The Colorado Division of Minerals and Geology proposes to approve with stipulations an <br />application for renewal of a valid, existing permit to conduct surface coal mining operations at <br />the Seneca II Mine (C-80-005). <br />The application was submitted by Seneca Coal Company for the Mine. This decision is based on <br />a finding that the operations will comply with all requirements of the Colorado State Program as <br />found in the Colorado Surface Coal Mining Reclamation Act, C.R.S. 34-33-101 e[ seg., and the <br />Regulations promulgated pursuant to the Act. If no request for a formal hearing is made within <br />thirty (30) days of the first publication of the issuance of this proposed decision, then this <br />decision becomes final. Upon submittal of acceptable surety by the applicant, the permit will be <br />issued. The permit application, all supporting documentation and any stipulations or conditions <br />will become a binding part of the permit. <br />The following stipulations were placed on prior permitting decisions, but aze still a binding part <br />of the renewed Seneca II Mine permit: <br />STIPULATION 3 <br />IF, DURING THE COURSE OF MINING OPERATIONS, PREVIOUSLY <br />UNIDENTIFIED CULTURAL RESOURCES ARE DISCOVERED, THE PERMTTTEE <br />SHALL INSURE THAT THE SITE IS NOT DISTURBED AND SHALL NOTIFY THE <br />COLORADO DNISION OF MINERALS AND GEOLOGY AND THE UNITED <br />STATES OFFICE OF SURFACE MINING (OSM). THE PERMITTEE SHALL <br />INSURE THAT THE RESOURCE IS PROPERLY EVALUATED IN TERMS OF THE <br />NATIONAL HISTORIC PLACES ELIG]BILTTY CRITERIA (36 CFR 60.61). <br />SHOULD A RESOURCE BE DETERIvIINED ELIGIBLE FOR LISTING ON THE <br />NATIONAL REGISTER, APPROPRIATE MITIGATION MEASURES WILL BE <br />DEVELOPED AND IMPLEMENTED IN CONSULTATION WITH THE STATE <br />HISTORIC PRESERVATION OFFICE (SHPO), THE BUREAU OF LAND <br />MANAGEMENT (BLM), THE OFFICE, OF SURFACE MINING (OSM), AND THE <br />COLORADO DNISION OF MINERALS AND GEOLOGY (CDMG). <br />STIPULATION 17 <br />THE 110-FOOT FII.L EMBANKMENT ON THE MAIN HAUL ROAD MUST BE <br />INSPECTED ANNUALLY, OR WITHIN TEN DAYS FOLLOWING ANY STORM <br />WHOSE BACKWATER ELEVATION EXCEEDS THE ELEVATION OF 6,941.1 <br />FEET ABOVE SEA LEVEL (10-YEAR, 24-HOUR MAXIMUM STORM EVENT'S <br />PROJECTED BACKWATER ELEVATION) BY A QUALIFIED GEOTECHNICAL <br />