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-2- <br />PROPOSED DECISION <br />The Colorado Mined Land Reclamation Division proposes to approve with <br />stipulations an application for a permit to conduct surface coal mining <br />operations at the Seneca II-W Mine. <br />This approval decision is based on a finding that the proposed operation will <br />comply wit~i the requirements of the Colorado Surface Coal Mining Reclamation <br />Act, C.R.S., as amended, 34-33-101 et s~ce ., and the Regulations promulgated <br />pursuant to the Act. <br />The permit cannot be issued until all statutory notice and public comment <br />requirements have been satisfied, and until bond has been posted. If no <br />requests for a formal hearing are made within 30 days of the issuance of this <br />proposed decision, then this decision becomes final and, upon acceptance by <br />the applicant, the permit application and stipulations contained herein will <br />become a binding part of the permit. It should be noted that at the request <br />of Peabody Coal Company and as approved by the Division this permit term is <br />for slightly longer than 5 years. This permit term will expire <br />December 31, 1990. <br />The stipulations attached to the permit approval are listed below. It should <br />also be noted that this 5-year permit term addresses mining only in the <br />southern area. The legal description of the permit boundary is presented as <br />Exhibit B of this document. Stipulations are explained in the appropriate <br />sections of the Findings. <br />