2017-05-25_REVISION - C1981041

• Permit No: C1981041
• IBM Index Class Name: Revision
• Doc Date: 5/25/2017
• Doc Name: MLRB Hearing Transcripts
• Type & Sequence: TR69
• Email Name: JDM
• Media Type: D
• Archive: No

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1 about? 1 anywhere — or have you defined anywhere the disturbed
2 A. Yes. 2 area that is going to be --
3 Q. Okay. 3 A. .4 acres on the site right there
4 A. And the plan is to go in, strip the 4 (indicated).
5 topsoil off the site, and then excavate don from west 5 Q. And is that —
6 to east to follow the anomaly over to the air shaft. 6 A. That's the blue -- kind of the blue-ish
7 Q. So it would move fran what you described 7 line there.
8 in this point (indicated)? 8 Q. Okay. How does Snowcap propose to
9 A. Yes. West to east along that -- to the 9 reclaim that -- that surface area?
10 air shaft, and, of course, the slopes -- you have to 10 A. Well, we would -- we would rip -- if
11 have slopes down to the air shaft where it's safe to 11 necessary, if we get some ompaction in there, we would
12 work. So that's the slopes to the west. 12 rip the area to prorate root -- root penetration.
13 Q. Okay. I see what you're saying. 13 Q. Okay.
14 A. And then on to the north of that we 14 A. And then we would seed it with a seed
15 would excavate down and expose the north ananaly in 15 mix that's defined in the permit for upland areas, and
16 that area. 16 then we would mulch it with — with -- with weed-free
17 Q. Is this -- 17 mulch.
18 A. Yes. 18 Q. Okay. Was the vegetative recovery plan
19 Q. Okay. 19 that you proposed in the monitoring approved by ME?
20 A. And all the material caning out of there 20 A. Yes.
21 will go into the soil stockpile -- that's the topsoil. 21 Q. Okay. Did you submit a cost estimate
22 The soil stockpile located where the pointer is. 22 for what it would tale to complete this?
23 Q. Okay. 23 A. Yes, I did. The cost estimate would be
24 A. And then the plan is to -- once we 24 to both excavate, place the concrete slab, and to
25 uncover the air shaft at about a depth of 16 feet, we 125 reclaim it -- backfill it, and reclaim it.
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1 would pour a concrete plug in that shaft. We would 1 Q. Would you turn to the last page of
2 then -- 2 Exhibit 40 --A-40? I apologize.
3 Q. How deep or how thick would that -- 3 A. Yes.
4 A. 12-inch thick. 4 Q. Is this where the cost estimate is set
5 Q. Okay. Do you have any sense of how -- 5 forth?
6 what the circunference of that plug might be? 6 A. It is.
7 A. It would probably be 8 to 10 feet in 7 MR. JUSTUS: Okay. Move to admit
8 diameter. 8 Exhibit A-40 as it's submittal of the revised repair
9 Q. Is Snowcap willing to or going to adjust 9 plan.
to how large that is based on what it finds on the 10 MR. BECNITH: No objection.
11 excavation? 11 MR. STUTZ: No objection.
12 A. Yes. I mean, as we excavate down, we 12 MR. SINGLETARY: It's admitted.
13 may -- we nay go a little deeper, a little -- we have 13 Q. (BY MR. JUSTUS) Next I'd like to ask
14 to follow-- follow the -- follow the ananaly. 14 one last question. On what basis is Snowcap Coal
15 Q. Okay. That's the intent then, is to 15 asserting its right to entry to complete this
16 follow the anomaly? 16 reclamation and repair plan on this track aimed by
17 A. Right. 17 Mr. Fontanari?
18 Q. Okay. 18 A. When Snowcap sold the property to
19 A. And then once we -- once we pour the 19 Mr. Fontanari in —
20 plug, we would then bring back the soil, backfill it, 20 MR. BECEWITH: Objection, hearsay. This
21 and compact it back up to the original ground less the 21 is a document. There is no reason for this witness to
22 topsoil depth, and then we would replace the topsoil 22 testify to the creation of the document. He was not
23 over the disturbed areas. 23 involved in it.
24 Q. Okay. What about reclamation of this 24 Q. (BY MR. JUSTUS) All right. Let ne try
25 site? Clearly-- would you -- have we defined 25 a different question. Would you please turn to Exhibit
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