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Summary <br />The Review Process <br />On September 15, 1998, Seneca Coal Company submitted an application for Permit Revision 2 <br />to allow mining and reclamation activities in the Seneca II-W South Extension Area. SCC has <br />requested to add 1,416 acres to the existing Seneca II-W permit area. Of this extension, 255.6 <br />acres are proposed to be disturbed. The application was deemed complete for purposes of filing <br />on September 22, 1998, and the proper notification was sent to parries identified in Rule <br />2.07.3(3)(b). A public notice of the application was published in the Steamboat Pilot once a week <br />for four consecutive weeks beginning September 30, 1998. <br />On September 22, 1998, the Division requested comments from various Federal and State agencies <br />regarding the permit revision application. The Division received comments from the U.S. Fish <br />and Wildlife Service and the Office of Surface Mining (OSM) on the revision application. No <br />other comments were received. A summary of the comments follows. <br />On October 19, 1998, the U.S. Fish and Wildlife Service submitted comments on the application <br />suggesting a survey for the Boreal Toad, a State endangered species and a candidate Federal <br />species. SCC conducted the survey and found no populations of this species as discussed in <br />Section X of this document. The U.S. Fish and Wildlife Service also requested a water depletion <br />estimate to determine potential impacts to the endangered fishes in the Upper Colorado River <br />Basin. No other threatened, endangered or candidate species were identified. On October 7, 1999 <br />the U.S. Fish and Wildlife Service notified OSM that the depletion fee for SCC's proposed action <br />is waived. The SCC estimated depletions are well below the U.S. Fish and Wildlife Services <br />minimum amount of 100 acre-feet. <br />OSM submitted comments to the Division on February 4, 1999 and August 17, 1999 requesting <br />information needed for the Federal Coal Leases. DMG forwarded the comments to SCC. All <br />issues were addressed. <br />The Division issued a preliminary adequacy letter on November 24, 1998. SCC responded on <br />January 28, 1999. Two more adequacy letters were sent on: February 26, 1999, and Apri127, <br />1999. SCC responded to these letters on March 18, 1999; Apri15, 1999; June 25, 1999; August <br />3, 1999; August 4, 1999; August 18, 1999 and September 28, 1999. Two remaining DMG issues <br />were addressed in a phone call October 1, 1999 and SCC responded on October 6, 1999. All <br />issues have been resolved. <br />The Division queried the Applicant Violator System (AVS) on October 15, 1998 to obtain a <br />recommendation for approval of the permit revision based on the applicant and its owners' and <br />controllers' compliance record. The system recommended the application be conditionally issued. <br />Several of the letters listed above addressed issues regarding the AVS. On October 21, 1999, the <br />Division queried the AVS. The system recommendation was a conditional issue. The follow up <br />recommendation by the OSM on October 22, 1999 was also a conditional issue. Resolution of the <br />Seneca II-W Findings Document 4 November 3, 1999 <br />