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Proposed Decision <br />The Colorado Division of Minerals and Geology proposes to approve with <br />stipulations an application for renewal of a valid, existing permit. The <br />application was submitted by Peabody Coal Company for the Seneca II Mine. <br />This decision is based on a finding that the operations will comply with all <br />requirements of the Colorado State Program as found in the Colorado Surface <br />Coal Mining Reclamation Act, C.R.S. 34-33-101 et seq., and the Regulations <br />promulgated pursuant to the Act. If no requestfor a formal hearing is made <br />within thirty (30) days of the first publication of the issuance of this <br />proposed decision, then this decision becomes final. The permit application, <br />all supporting documentation and any stipulations or conditions will become a <br />binding part of the permit. <br />The following stipulations were placed on prior permitting decisions, but are <br />still a binding part of the renewed Seneca II Mine permit: <br />Stipulation No. 3: <br />IF, DURING THE COURSE OF MINING OPERATIONS, PREVIOUSLY UNIDENTIFIED <br />CULTURAL RESOURCES ARE DISCOVERED, THE PERMITTEE SHALL INSURE THAT THE <br />SITE IS NOT DISTURBED AND SHALL NOTIFY THE COLORADO DIVISION OF MINERALS <br />AND GEOLOGY AND THE UNITED STATES OFFICE OF SURFACE MINING (OSM). THE <br />PERMITTEE SHALL INSURE THAT THE RESOURCE IS PROPERLY EVALUATED IN TERMS <br />OF THE NATIONAL HISTORIC PLACES ELIGIBILITY CRITERIA (36 CFR 60.61). <br />SHOULD A RESOURCE BE DETERMINED ELIGIBLE FOR LISTING ON THE NATIONAL <br />REGISTER, APPROPRIATE MITIGATION MEASURES WILL BE DEVELOPED AND <br />IMPLEMENTED IN CONSULTATION WITH THE STATE HISTORIC PRESERVATION OFFICE <br />(SHPO), THE BUREAU OF LAND MANAGEMENT (BLM), THE OFFICE OF SURFACE MINING <br />(OSM), AND THE COLORADO DIVISION OF MINERALS AND GEOLOGY (CDMG). <br />Stipulation No. 13: <br />A LIST OF PROPOSED SEED MIXTURES MUST BE SUBMITTED ANNUALLY TO THE <br />DIVISION FOR REVIEW AND APPROVAL. THE LIST SHOULD INCLUDE PURE LIVE SEED <br />(PLS) PER SQUARE FOOT, POUNDS PLS PER ACRE, SPECIES ORIGIN, AND ACRE <br />ESTIMATES TO BE SEEDED FOR EACH MIX. <br />Stipulation No. 17: <br />THE 110-FOOT FILL EMBANKMENT ON THE MAIN HAUL ROAD MUST BE INSPECTED <br />ANNUALLY, OR WITHIN TEN DAYS FOLLOWING ANY STORM WHOSE BACKWATER <br />ELEVATION EXCEEDS THE ELEVATION OF 6,941.1 FEET ABOVE SEA LEVEL <br />(10-YEAR, 24-HOUR MAXIMUM STORM EVENT'S PROJECTED BACKWATER ELEVATION) BY <br />A QUALIFIED GEOTECHNICAL ENGINEER OR ENGINEERING GEOLOGIST. A LETTER OF <br />CERTIFICATION CONTAINING THE RESULTS MUST BE SUBMITTED TO THE DIVISION <br />WITHIN TWO WEEKS FOLLOWING THE INSPECTIONS. <br />-2- <br />