2012-01-06_REVISION - C1982057 (2)

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Proposed Decision PR -6 The Colorado Division of Reclamation, Mining and Safety proposes to approve the application submitted by Seneca Coal Company for Permit Revision No. 6 to the Seneca II -W Mine. Seneca Coal Company requested the revision to remove the Tie - Across Haul Road corridor from the Seneca II -W Mine permit boundary. The operator of the Hayden Gulch Loadout (Permit No. C- 1992 -081) wished to utilize the road corridor in conjunction with its permit, and the Division approved a permit revision (Permit Revision No. 1) to incorporate the corridor into the Hayden Gulch Loadout permit area. The Tie - Across Haul Road was originally constructed to create a more direct route from the mine to the Hayden Station power plant, and was utilized throughout the life of the mine. Since the Seneca II -W Mine is no longer producing coal, there is no longer a need for this haul road. This proposed decision to approve Permit Revision No. 6 is based on a finding that the operations will comply with all requirements of the Colorado State Program as found in the Colorado Surface Coal Mining Reclamation Act, C.R.S. 34 -33 -101 et seq., and the Regulations promulgated pursuant to the Act. If no request for a formal hearing is made within thirty (30) days of the first publication of the issuance of this proposed decision, then this decision becomes final. Upon submittal of acceptable surety by the applicant, the decision will become effective. The revision application, all supporting documentation and any stipulations or conditions will become a binding part of the permit. There are no new Stipulations attached to Permit Revision No. 6. There is one stipulation (No. 32) originally attached to the TR -42 approval decision, which remains in effect. STIPULATION 32 FOR PERMANENT ROAD RETENTION ON RECLAIMED LANDS, THE PERMITTEE WILL SUBMIT, WITHIN A COMPLETE REVISION APPLICATION, DEMONSTRATION OF COMPLIANCE WITH 4.03.1(1)(F) OR 4.03.2(1)(G) AS APPLICABLE. THE DEMONSTRATION WILL INCLUDE COPIES OF SIGNED LANDOWNER REQUESTS FOR ROAD RETENTION FROM EACH AFFECTED LANDOWNER. ALL ROADS OR SEGMENTS OF ROADS REQUESTED FOR RETENTION WILL BE IDENTIFIED CONSISTENT WITH DESIGNATION IN THE PERMIT APPLICATION (HAUL ROAD G, RIDGELINE ACCESS ROAD, OIL WELL ACCESS ROAD, ETC.) THE ROAD RETENTION DEMONSTRATION WILL BE SUBMITTED TO AND APPROVED BY THE DIVISION PRIOR TO APPROVAL OF PHASE 1 BOND RELEASE FOR ANY RECLAMATION PARCEL THAT INCLUDES A ROAD OR ROAD SEGMENT TO BE RETAINED FOR THE POSTMINING LAND USE. Seneca II -W Findings Document 3 C- 1982 -057 Permit Revision No. 6 January 6, 2012