GENERAL56423

• Permit No: C1982057
• IBM Index Class Name: General Documents
• Doc Date: 11/17/2004
• Doc Name: Proposed Decision & Findings of Compliance for PR4
• Permit Index Doc Type: Findings
• Media Type: D
• Archive: No

of Historic Places. Subsequent correspondence documented that adequate
protections and documentation had been completed with respect to the eligible sites
(both located within or adjacent to the "original" mine permit boundary). La a
letter of July 17, 2000 associated with Permit Renewal No. 3 (RN-3), the SHPO
noted that, since the renewal "will involve no changes to the permitted mining
boundaries, we find that there will be no effect to cultural resources". There has
been no expansion of the permit boundary since the approval of PR-2, in 1999.
6. For this surface mining operation, private mineral estate has been severed from private
surface estate. Documentation speci£ed by Rule 2.03.6(2) is provided in Appendix
3-3 and Appendix 3-4 of the permit application package, as revised in PR-4
(2.07.6(2)(f)).
7. On the basis of evidence submitted by the applicant and received from other state and
federal agencies as a result of the Section 34-33-114(3) compliance review required by the
Colorado Surface Coal Mining Reclamation Act, the Division finds that Seneca Coal
Company does not own or control any operations which are currently in violation of any
law, rule, or regulation of the United States, or any State law, rule, or regulation, or any
provision of the Surface Mining Control and Reclamation Act or the Colorado Surface
Coal Mining Reclamation Act (2.07.6(2)(g)(i)).
8. Seneca Coal Company does not control and has not controlled mining operations with a
demonstrated pattern of willful violations of the Act of such nature, duration, and with
such resulting irreparable damage to the environment as to indicate an intent not to
comply with the provisions of the Act (2.07.6(2)(h)).
9. The Division finds that surface coal mining and reclamation operations to be performed
under this permit will not be inconsistent with other such operations anticipated to be
performed in areas adjacent to the permit area (2.07.6(2)(1)).
10. The estimated reclamation liability for mining operations was calculated by the Division
for PR-4. Based on relevant permit maps, the Division determined that the "worst
case disturbance" during the permit term will occur in 2005. The assumed worst
case disturbance will include 10,800 feet of open pit length in the "A" Pit/South
Wadge area, 1,800 feet in the Wolf Creek/Sage Creek pit block, and 1,600 feet in
the South Sage Creek block. The estimated liability amount based on the worst
case disturbance is $9,707,373.00. The Division currently holds acceptable surety
bonds for the Seneca II-W Mine, in this amount. As such, Seneca Coal Company
has complied with the reclamation performance bond submittal requirements of Rule
3 (2.07.6(2)(j)).
11. The Division has made a negative determination for the presence of prime farmland
within the permit area. The decision was based on the evidence provided by the Soil
Seneca II-W Findings Document 18 November 17, 2004
Permit Revision No. 4