1999-10-15_GENERAL DOCUMENTS - C1994082

• Permit No: C1994082
• IBM Index Class Name: General Documents
• Doc Date: 10/15/1999
• Doc Name: PROPOSED DECISION AND FINDINGS OF COMPLIANCE FOR ‎(PR1)‎
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

entities had any unabated violations, cessation orders, or unpaid civil penalties. No other regulatory
agency reported any of these permit conditions.
The Division queried the Applicant Violator System (AVS) on December 19, 1994 to obtain a
recommendation for approval of the permit application based on the applicant and its owners' and
controllers' compliance record. The system recommended the application be denied since Seneca
Coal Company was linked to an allegedly unpaid federal civil penalty, a state issued cessation order,
and unpaid Abandoned Mined Land (AML) fees. A follow up recommendation by the OSM on
December 20, 1994, was that the permit could be conditionally issued since the aforementioned
problems were in the process of resolution. On June 28, 1995, the Division queried the AVS. The
system again recommended the application be denied due to 5 West Virginia AML violations and
l West Virginia Audit violation. A follow up recommendation by the OSM on June 28, 1995
overturned the system recommendation to issue because Peabody paid its share of the AML and
Audit debt noted in AVS. The final AVS check will be conducted prior to issuance of the permit.
During the review, the Division received a number of comments on the application. A summary of
those comments and their resolution follows.
On December 5, 1994, the Division received comments from the Division of Water Resources,
Office of the State Engineer. The Office requested additional information regarding the water rights
augmentation plan for the operation. The Water Rights Augmentation Plan was filed in Water
District Court 57 on June 23, 1995. This plan must be approved by the Water District Court prior
to construction of the sediment ponds and water use for mine related activities.
On December 29, 1994, the Division received comments from the Colorado Natural Heritage
Program (CNHP). CNHP noted that there were four occurrences of the Columbian sharp.
tailed
grouse near the proposed operation, and that the grouse was a "Category 2" species being considered
for federal protection under the Endangered Species Act. CNHP suggested that the Division contact
the U.S. Fish and Wildlife Service. The Division had contacted the Service on November 21, 1994,
and subsequently received comments.
The Division received comments from the U. S. Fish and Wildlife Service (USFWS)on January 3
and March 8, 1995. USFWS concerns regarding the proposed mine operations included potential
impacts to endangered species of fish due to water depletion in the Colorado River basin, potential
impacts to raptors on the mine site, the need for continued monitoring for the presence of a number
of endangered species at the mine site, and a number of recommendations regarding the operation
and reclamation plans. Subsequent revisions to the permit application package by SCC addressed
each of the concerns identified by the USFWS.
On January 25, 1995, the Division received comments on the application from the U. S. Bureau of
Land Management(BLM). The BLM found there were no compliance problems with special lease
stipulations or regulations of their agency, none of the lands within the federal leases were
considered unsuitable for mining and reclamation, there were no conflicts between post-mining land
uses and existing BLM land management plans, proposed measures to protect federal resources not
Yoast Mine 7 October 19, 1999