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Proposed Decision <br />The Colorado Division of Reclamation Mining and Safety proposes to approve Seneca Coal <br />Company's application for Permit Revision No. 2 (PR-2). This decision is based on a finding <br />that the operations will comply with all requirements of the Colorado State Program as found <br />in the Colorado Surface Coal Mining Reclamation Act, C.R.S. 34-33-101 et sec ., and the <br />Regulations promulgated pursuant to the Act. If no request for a formal hearing is made <br />within thirty (30) days of the first publication of the issuance of this proposed decision, then <br />this decision becomes final. The permit application, all supporting documentation and any <br />stipulations or conditions will become a binding part of the permit. There are currently no <br />stipulations to previous decisions or conditions of the permit that remain outstanding. <br />Summary of Revisions since the 2009 Midterm Review <br />Since the Midterm Review was conducted by the Division on August 25, 2009, Seneca Coal <br />Company has submitted two minor and four technical revisions to the permit and has received <br />approval for one Phase I bond release. <br />Minor Revision No. 62 was approved by the Division on June 24, 2010, and provided an update <br />to the weed management plan. <br />Minor Revision No. 63 was approved by the Division on October 8, 2010. The revision <br />incorporated water quality data for Pond 008 into the permit application package, in support of <br />permanent retention of the pond. <br />Technical Revision No. 48 was withdrawn by Seneca Coal Company on October 29, 2010. The <br />revision proposed an incidental boundary revision to remove portions of the permit area that <br />were permitted with the Sage Creek Mine. Permit Revision No. 2 was submitted in place of the <br />technical revision. <br />Technical Revision N6.49 was approved by the Division on August 24, 2009, and allowed for a <br />reduction in the required wildlife monitoring (elimination of big game monitoring). <br />Technical Revision N6.50 was approved by the Division on September 9, 2009; the methodology <br />for conducting revegetation success monitoring was revised. <br />Technical Revision N6.51 was approved by the Division on October 6, 2009; the watershed <br />boundary between Ponds 004 and 008 was revised. <br />Surety Release No. 4 was approved by the Division on May 11, 2010. Phase I release was <br />granted on 135.3 acres. <br />Summary <br />The Review Process <br />2