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Proposed Decision The Colorado Division of Minerals and Geology proposes to approve, with one condition, an application for renewal of a valid existing permit. This decision is based on a finding that the operations will comply with all requirements of the Colorado State Program as found in the Colorado Surface Coal Mining Reclamation Act, C.R.S. 34-33-101 et sue., and the Regulations promulgated pursuant to the Act. If no request for a formal hearing is made within thirty (30) days of the first publication of the issuance of this proposed decision, then this decision becomes fmal. The permit application, all supporting documentation and any stipulations or conditions will become a binding part of the permit. The following stipulation was placed on a prior permitting decision, and it is still a binding part of the renewed Seneca II Mine permit: STIPULATION 32 APPROVAL OF THE POSTMINING ROAD RETENTION, DEPICTED ON EXIiIBIT 12-9, IS CONDITIONED ON THE SUBMITTAL OF A DETAILED RECLAMATION PLAN IN ACCORDANCE WITH RULE 2.05.4(2), AND A REQUEST FROM THE LANDOWNER IN WRITING THAT THE ROAD IS TO BE LEFT OPEN FOR FURTHER USE. 5ummarv The Review Process On June 11, 2001 the Division notified Seneca Coal Company that its permit for the Seneca II Mine would expire February 17, 2002. On August 16, 2001, the Division received an application for renewal of a valid, existing permit from Seneca Coal Company for the Seneca II Mine. Since a complete application for renewal was received 180 days prior to expiration of the previous permit, Seneca Coal Company is assured of the right to continue mining under that permit during the review of the renewal application. The application was deemed complete and appropriate agencies notified of the application on August 27, 2001. The Colorado Natural Heritage Program (CNHP) from Colorado State University and the Colorado Historical Society from the Colorado History Museum were the only agencies that responded to the notification. In a letter to the Division dated September 12, 2001, the CNHP indicated that natural heritage resources were documented from the vicinity of the project azea. The CNHP did not have speci is comments or request additional information regarding the renewal application, and no further response was deemed necessary from SCC or the Division. In a letter to the Division dated September 17, 2001 the Colorado Historical Society found that since this application involves no changes in the previously permitted mining azea and involves reclamation activities only, there will be no effect to historic properties.