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Summary <br />The Review Process <br />On May 24 and 28, 1991, the Division notified Peabody Coal Company that its <br />permit for the Seneca II Mine would expire February l7, 1992. On <br />August 14, 1991, the Division received an application for renewal of a valid, <br />existing permit from Peabody Coal Company for the Seneca II Mine. Since a <br />complete application for renewal was received 180 days prior to expiration of <br />the previous permit, Peabody Coal Company is assured of the right to continue <br />mining under that permit during the review of the renewal application. The <br />application was deemed complete and appropriate agencies notified of the <br />application on August 23, 1991. Peabody Coal Company published public notice <br />of its application for permit renewal in the Steamboat Pilot during four <br />consecutive weeks, beginning January 2, 1992. No comments regarding this <br />permit renewal were received by the Division. <br />Requests for compliance status information were sent to all other states in <br />which Peabody operates, as well as to the Colorado Department of Health. <br />Letters were sent to those agencies on August 23, 1991, and again on <br />March 31, 1992. No compliance problems were reported. The Applicant Violator <br />System (AVS) was queried on August 23, 1991. The system recommended a <br />"conditional issue" for the permit renewal. The system was queried again on <br />March 04, 1992, resulting in a recommendation to deny the permit renewal <br />because of delinquent Abandoned Mined Land (AML) fees at Peabody operations. <br />On March 05, 1992, the Office of Surface Mining issued a recommendation to <br />renew the permit. A final AVS query on October 29, 1992, resulted in a <br />recommendation to issue a renewed permit. <br />On February 10, 1992, the Division requested updated ownership, control, and <br />compliance information from Peabody Coal Company. The requested information <br />was received by the Division on February 20, 1992. On July 27, 1992, the <br />Division forwarded questions resulting from a preliminary adequacy review of <br />the renewal application. Additional adequacy concerns were transmitted to <br />Peabody Coal Company on July 31, August 26, and September 9, 1992. Peabody <br />Coal Company will be required to resolve these issues for the Division within <br />thirty (30) days of the proposed decision to renew the permit. <br />Description of the Environment <br />The Seneca II Mine is located in northwest Colorado, approximately nine miles <br />southeast of Hayden. Elevations at the mine site range from 6,600 feet to <br />8,100 feet above mean sea level. Annual precipitation in the area of the mine <br />site is 16.11 inches. The average temperature in January is 17.1°F; and is <br />65.9°F in July. <br />The Seneca II Mine is located on the Tow Creek anticline, a local structure <br />within the regional Sand Wash structural basin. The local stratigraphic <br />sequence, in ascending order, is the Mancos Shale; the Mesaverde group, which <br />may be subdivided into the Iles and Williams Fork Formations; the Lewis Shale; <br />and the Lance Formation, all of which are upper Cretaceous in age. Overlying <br />the Lance Formation are the Tertiary Fort Union and Wasatch Formations. <br />Quaternary alluvial deposits, generally derived from the Mesaverde Group, are <br />locally present in stream valleys. Recent colluvial slides and slumps may <br />also be present in canyons and gulches throughout the area. <br />-4- <br />