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1/ 1 <br />?ENEC Seneca Coal Company <br />July 21, 2010 <br />Ms. Sandra Brown RECEIVED <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 JUL 2 3 2010 <br />Denver, Colorado 80203 Division of Reclamation, <br />Mining and Safety <br />RE: Inspection Frequency at Seneca Coal Company Operations <br />Ms. Brown, <br />Seneca Coal Company (SCC) is in receipt of the Division's June 29, 2010 letter regarding a request <br />for a reduction in inspection frequency at the Seneca II, Seneca II-W and Yoast mines (former active <br />mines). Upon review of the letter and further review of the CDRMS rules and the 30 CFR <br />regulations cited in the Division's letter, we are not in agreement with the Division's decision and <br />that this request has merit for further review and discussion. <br />All three former active mines are in final reclamation. This includes the vast majority of all disturbed <br />acres with the reclamation completed as per the permit requirements and mostly in various stages of <br />bond release. There are very few disturbed acres remaining and these are also in the process of final <br />reclamation. Regardless of status, disturbed areas are to be permanently reclaimed (or retained as <br />other approved postmine land uses, ponds, roads, etc.). There is no mining activity planned or to be <br />resumed at any of the three former active mines. There is an active and comprehensive bond release <br />program being pursued at all three former active mines including Phase I and Phase II approvals. <br />With the approval of the Peabody Sage Creek Mine (PSCM) and transfer of most of the permitted <br />Seneca II lands to the PSCM permit, very little remains of the former Seneca II mine area. <br />All three former active mines fit the permanent cessation description of an operation rather than <br />temporary cessation (as under 4.30). As per 4.30.2(1), SCC has permanently ceased surface mining <br />activities at all three former active mines, has backfilled affected areas, and has, or is in the process of <br />completing final reclamation of all affected areas. As per Rule 4.30.1, temporary cessation applies to <br />persons conducting surface mining activities who have suspended operations "but operations are to <br />be resumed under an approved permit". SCC will not resume operations at any of the three former <br />active mines and have provided no dates or requests for anticipated resumption to the Division. <br />Further, both the CDRMS rules at 5.02.2(4) and the federal rules at 30 CFR 840.11(f) clearly state <br />"or" not "and" in determining the requirements for active mines and qualifications for a quarterly <br />inspection frequency. <br />Therefore, by this letter, SCC provides notice to the Division that the Seneca II, Seneca 11-W and <br />Yoast mines are in permanent cessation status. SCC requests that they be designated inactive as <br />allowed for in Rule 5.02.(4)(a) and 30 CFR 840.1 l(f)(1). SCC believes that the current inspection <br />Seneca Coal Company • P.O. Box 670 • Hayden, Colorado 81639 <br />Telephone (970) 276-5217 • FAX (970) 276-5222