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Proposed Decision <br />The Colorado Division of Reclamation Mining and Safety proposes to approve, with one condition, <br />an application for renewal of a valid existing permit. This decision is based on a finding that the <br />operations will comply with all requirements of the Colorado State Program as found in the <br />Colorado Surface Coal Mining Reclamation Act, C.R.S. 34-33-101 et sue., and the Regulations <br />promulgated pursuant to the Act. If no request for a formal hearing is made within thirty (30) days <br />of the first publication of the issuance of this proposed decision, then this decision becomes final. <br />The permit application, all supporting documentation and any stipulations or conditions will become <br />a binding part of the permit. <br />The following stipulation is placed upon the decision to renew the Seneca II Mine permit for a fifrh <br />five year term. <br />STIPULATION N0.36 <br />PERMIT RENEWAL NO. 5 (RN-OS) FOR THE SENECA II MINE IS CONDITIONED <br />UPON THE RESOLUTION OF THE AUDIT DEBT (NO. 060209004) ISSUED TO <br />POWDER RIVER COAL, WYOMING PERMITS 569T5 AND 569T6, UNDER GOOD <br />FAITH SETTLEMENT NEGOTIATIONS. PROOF OF RESOLUTION AND <br />SETTLEMENT MUST BE SUBMITTED TO THE DIVISION OF RECLAMATION, <br />MINING AND SAFETY AS SOON AS IT BECOMES AVAILABLE. <br />Summary <br />The Review Process <br />On May 18, 2006 the Division notified Seneca Coal Company that its permit for the Seneca II Mine <br />would expire February 17, 2007. On August 02, 2006, the Division received an application for <br />renewal of a valid, existing permit from Seneca Coal Company for the Seneca II Mine. Since a <br />complete application for renewal was received 180 days prior to expiration of the previous permit, <br />Seneca Coal Company is assured of the right to continue mining under that permit during the review <br />of the renewal application. <br />The application was deemed complete and appropriate agencies notified of the application on <br />August 14, 2006. None of the agencies notified responded to the notification. <br />Seneca Coal Company published public notice of its application for permit renewal in the Steamboat <br />Pilot during four consecutive weeks, beginning August 27, 2006. No comments regarding this <br />permit renewal were received by the Division as a result of the public notice or the notifications to <br />appropriate agencies. <br />The Applicant Violator System (AVS) was queried on September 7, 2006 and again on Mazch 20, <br />