Laserfiche WebLink
mm <br />The Review Process <br />On March 13, 1995 the Division notified Seneca Coal Company that the five year permit <br />term for the Seneca II-W Mine would expire on December 31, 1995. Seneca Coal <br />Company submitted a permit renewal application (RN-02) on June 30, 1995. The <br />application was deemed complete for purposes of filing on July 10, 1995, and the proper <br />notification was sent to parties identified in Rule 2.07.3(3)(b). A public notice of the <br />application was published in the Steamboat Pilot once a week for four consecutive weeks <br />beginning August 3, 1995. <br />On July 10, 1995, the Division requested comments from various Federal and State <br />agencies regarding the permit renewal application. The Division received two comments <br />on the renewal application, and a summary of those comments are as follows: <br />On July 26, 1995, the Division received comments from the Division of Water Resources, <br />Office of State Engineer. The Office had previously reviewed the Seneca II-W Mine <br />permit application at the time of the original submittal, and had no comments or <br />objections to the proposed renewal application. <br />On August 28, 1995, the Division received comments from the United States Fish and <br />Wildlife Service (USFWS). The Fish and Wildlife Service concurs with the Division's <br />"no effect" determination for threatened and endangered species. <br />The Division issued a preliminary adequacy letter on September 8, 1995. Seneca's <br />responses to the adequacy letter were received by the Division on November 20, 1995. <br />Issues raised during the review had not been fully resolved prior to the end of the 180 <br />day review period (December 31, 1995). As a result, Seneca Coal Company waived their <br />right to the 180 day review time period by letter of December 15, 1995. A second <br />adequacy letter was issued by the Division on January 4, 1996 and Seneca's subsequent <br />responses have allowed the Division to issue this proposed decision. <br />The Division queried the Applicant Violator System (AVS) on September 7, 1995 to <br />obtain a recommendation for approval of the permit renewal based on the applicant and <br />its owners' and controllers' compliance record. The system recommended the <br />application be conditionally issued since Seneca Coal Company was linked to one audit <br />violation and five unpaid Abandoned Mined Land (AML) fees. A follow up <br />recommendation by the OSM on September 8, 1995 was that the permit could be issued <br />because Seneca paid their share of the audit fee and the AML violations were <br />incorrectly linked to the wrong permit and sequence in AVS. On February 8, 1996, the <br />Division queried the AVS. The system recommendation was issue. The follow up <br />recommendation by the OSM on February 9, 1996 was also issue. The fmal AVS check <br />will be conducted prior to issuance of the permit. <br />3 <br />