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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />COLORADO <br />Denver, Colorado 80203 o N F <br />n <br />Phone: (303) 866-3567 RECLAMATION <br />FAX: (303) 832-8106 MINING <br /> <br /> SAFETY <br /> Bill Ritter, Jr. <br /> Governor <br /> Mike King <br />August 4, 2010 Executive Director <br /> Loretta E. Pineda <br />Mr. Roy Karo Director <br />Seneca Coal Company <br />P.O. Box 670 <br />Hayden, CO 81639 <br />RE: Inspection Frequency at Seneca Coal Company Operations <br />Dear Mr. Karo: <br />The Division has received Seneca Coal Company's (SCC) follow-up request to reduce the monthly inspection <br />frequency at the Seneca II, Seneca II-W and Yoast Mines. With the cessation of mining, SCC has requested a reduced <br />inspection frequency for inactive mines under Rule 5.02.2(2). Inactive mines are defined in Rule 5.02.3(4). In this <br />context inactive refers to mines that are in temporary cessation, or have completed Phase II release. This response is <br />consistent with our earlier letter dated June 29, 2010. <br />Rule 5.02.2(4) states: <br />(4) For the purposes of this section, an inactive surface coal mining and reclamation operation <br />is one for which: <br />(a) The Division has secured from the permittee the written notice provided for under <br />Section 4.30 of these regulations; or <br />(b) Reclamation as defined at Rule 3.03.1(2)(b) has been completed and liability of the <br />permittee has been reduced by the Division accordingly. <br />Temporary cessation of mining is addressed at 4.30.1 and as indicated at (1) only`applies if "operations are to be <br />resumed". SCC is not resuming operations. The "notice" reference in Rule 5.02.2(4)(a) is the temporary cessa I `r <br />notice referred to in 430.1(2). Our regulations may not be absolutely clear, but that this is what was intended, this is <br />the interpretation we have applied and this interpretation is consistent with the federal regulations at 30 CFR <br />840.11(f). It was never our intent to allow anything other than what the federal program requires. A reduced <br />inspection frequency at a reclamation site is allowed when it achieves total Phase II bond release. <br />Permanent cessation of mining is addressed in Rule 4.30.2. The Division agrees with you that the Seneca operations <br />fit into the permanent cessation of mining definition in Rule 4.30.2. SCC has ceased surface mining activities and is <br />permanently reclaiming all affected areas in accordance with the Rules and the approved permit. When an <br />operation goes into permanent cessation, there are no notice requirements. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines