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PROPOSED DECISION <br />The Colorado Mined Land Reclamation Division proposes to approve with <br />stipulations an application from Peabody Coal Company for permit renewal to <br />conduct surface coal mining operations at the Seneca II Mine. <br />This approval decision is based on a finding that the proposed operation will <br />comply with the requirements of the Colorado Surface Coal Mining Reclamation <br />Act, C.R.S., as amended, 34-33-101 et seq., and the Regulations promulgated <br />pursuant to the Act. <br />The renewed permit cannot be issued until all statutory notice and public <br />comment requirements have been satisfied and bond has been posted. If no <br />requests fora formal hearing are made within 30 days of the issuance of this <br />proposed decision, then this decision becomes final and, upon acceptance of <br />the reclamation bond by the Division, the permit application and stipulations <br />contained herein will become a binding part of the permit. This permit shall <br />expire five (5) years after the date that this decision becomes final. <br />The stipulations to the renewed permit are listed on page 3. Each stipulation <br />is specifically addressed in the appropriate section of this document. <br />-2- <br />