GENERAL51519

• Permit No: C1980005
• IBM Index Class Name: General Documents
• Doc Date: 8/8/1989
• Doc Name: ANNUAL SHRUB AND TREE PLANTING MAP AND EXHIBIT 13-2 AS RELATED TO MR-33 SENECA II MINE PN C-80-005
• From: MLRD
• To: PEABODY COAL CO
• Permit Index Doc Type: VEGETATION
• Media Type: D
• Archive: No

III IIIIIIIIIIIIIIII~ ~
STATE OF COLOIZP~DO
Roy Romer, Governor
DEPARTMENT OFNATURAL RESOURCES
MINED LAND RECLAMATION DIVISION
FRED R. BANTA, Dlrsetor
August 8, 1989
Mr. James S. Lunan
Mr. Vern Pfannenstiel
Peabody Coal Company
1300 South Yale
Flagstaff, Arizona 86001
RE: Annual Shrub and Tree Planting Map and Exhibit 13-2 as Related to AIR-33,
Seneca II Mine, Permit C-80-005
Dear Mssrs. Lunan and Pfannenstiel:
The Division has received your letter of June 14, 1989 clarifying the uses of
the above referenced maps. We agree with Peabody's interpretation on the use
of the "Seeding and Shrub and Tree Planting Plan" map. We also agree that
Peabody has the obligation to provide the Division with a list of the proposed
seed mixtures to be used for that year's reveoetation.
The Division disagrees with Peabody's assertion that there is no permit
requirement to project, by year, the areas to be topsoiled and seeded.
Statements in Attachments 9-1 and 9-2 indicate that Map 13-2 is intended to be
used as a schedule for these activities. Specifically, the statement on page
9-9 of Attachment 9-1 reads "Spoil piles are expected to be graded and
topsoiled within one (1) year (generally represents three spoil piles) after
the initial disturbance (see Exhibit 13-2, Reclamation Plan)". Also, the
statement on page 9-18 of Attachment 9-2 reads "Topsoiling and seeding will be
completed according to the Reclamation Plan (Exhibit 13-2)." Therefore, it is
the Division's contention that Exhibit 13-2 Reclamation Plan is intended to be
a schedule for reclamation activities which includes topsoiling and seeding
and that Peabody should adequately plan to try to adhere to this schedule.
We are, however, aware that there are many mitigating circumstances which
control actual areas where topsoiling and seeding occur each year. Further,
we believe that Peabody field personnel are ataare of when good conditions
exist for such activities. Therefore, we request that you notify the Division
of the schedule needs to be chanced.
If you have any questions, please contact me.
Since rely,
~~``
Carl B. Mou t
Reclamation Specialist
CBM/sca
87~~~ Centennial Building, 1313 Sherman Street Denver, Colorado 80203.2273 Tel. [phone]