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fN_ <br />V& <br />Division of Reclamation, Mining and Safety <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />RE: Proposed Decision to Approve Phase I Bond Release, Seneca II-W Mine, <br />Permit No. C-1982-057, Bond Release Application No. 3 (SL-3) <br />Dear Ms. Pineda: <br />OF&' <br />ur <br />This letter acknowledges the Office of Surface Mining (OSM), Denver Field Division's (DFD) receipt and <br />review of the above Phase I Bond Release Proposed Decision document prepared by the Division of <br />Reclamation, Mining and Safety (DRMS) dated March 21, 2011. DFD agrees with the findings and <br />decision document and hereby provides OSM concurrence for the above bond release action in <br />accordance with 30 CFR 740.15(d)(3) and 30 CFR 906.30, Article IX, Section 24, of the State-Federal <br />Cooperative Agreement. <br />DRMS's Proposed Decision documents the applicant's compliance with the Colorado Approved <br />regulatory program at rule 3.03.2, and DRMS's bond release guidelines dated April 18, 1995. No written <br />objections or requests for an informal conference regarding the bond release application have been <br />received by DRMS. <br />This Phase I bond release applies to 414 acres within the South Extension Area, as well as areas <br />previously excluded from the SL-2 bond release request. The SL-2 bond release was submitted on <br />August 17, 2009 and partially approved on May 7, 2010. The majority of the areas excluded from the SL- <br />2 approval were included in the SL-3 request. DRMS conducted the SL-3 Phase I Bond Release <br />inspection September 21-23, 2010. As a result of the September 21-23 inspection, DRMS has chosen to <br />exclude 0.85 acres of Channel PM-2D and 0.80 acres of Channel PM-4D. These sections exhibited <br />excessive gullying and must be repaired before Phase I bond release can be granted on the combined <br />1.65 acres. Reclamation work was conducted as contemporaneously as possible during the life of the <br />mine (1990 to 2006). All pits have been backfilled and graded and topsoil redistribution, seeding and <br />planting has been completed. <br />DFD understands the release application applies to 412.35 acres (414 acres less the two exclusion <br />areas). Seneca Coal Company (SCC) holds a self-bond in the amount of $9,078,860.00 for the Seneca 11- <br />W Mine and has requested a release of $2,641,250. DRMS proposes to release $2,335,430.00 after <br />adjusting the bond liability for current costs and the excluded areas. The remaining bond liability will be <br />$6,743,430.00.OSM concurs with the proposed bond release amount. <br /> <br />llm1 <br />United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />Q Western Region Office <br />1999 Broadway, Suite 3320 <br />Denver, CO 80202-3050 <br />ON +C?49V <br />PAR 2p , c?a,?`O?• v •',?'?o??n9 fled <br />os Q S??Ce APR 1 8 2011 <br />I Loretta Pineda, Director