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<br /> <br />STIPULATION NO. 12 <br />(This. stipulation was added with the approval of Technical Revision 03, in September of 1996.) <br />SENECA COAL COMPANY SHALL SUBMIT A RECLAMATION PLAN IN THE FORM <br />OF A REVISION FOR THE TOPSOIL PILES LOCATED AT THE YOAST MINE <br />ENTRANCE HAUL ROAD BY OCTOBER 15, 1996. <br />This stipulation was satisfied by the use of the topsoil and elimination of the pile in February <br />1997. <br />STIPULATION NO. 13 <br />(This stipulation was added in July, 1997, with the approval of Minor Revision 10.) <br />SENECA COAL COMPANY SHALL PROVIDE PROOF OF RESOLUTION OF KENTUCKY <br />CIV[L PENALTY VIOLATIONS AND BOND FORFEITURE ASSOCIATED WITH PERMIT <br />8980]40 AS SOON AS IT BECOMES AVAILABLE. <br />This stipulation has not yet been satisfied. <br />Section V -Decision to Require Revisions <br />1. Exhibit 20-I, Sheet 2 of 2 shows the 5-year disturbance boundary extending beyond the top of <br />the hill (drainage divide) and into a watershed which has no planned sediment pond (the area <br />adjacent to Topsoil Pile H on the map in section 17.) . Please revise [he map or apply for a small <br />area exemption for the area in question. <br />2. SEDCAD output for Diversion Ditch 3 aze found in Attachment 13-2. The ditch was never <br />constructed and the mine plan changed with Minor Revision 3. No "insert and remove" <br />instructions were provided with the revision and this material should be removed from the permit <br />application document. <br />3. The Division analyzed the mass balance between the existing contour map and the final post <br />mining contour map that was provided by Seneca Coal Company. Utilizing the mining <br />disturbance boundaries for 1996 through 1999 as the limit for the mass balance calculations, the <br />following determinations were derived: <br />a. Total inclusion area of disturbed land: 149.13 acres <br />b. Cut volume: <br />c. Fill volume: <br />7,473,504 cubic yards <br />2,282,455 cubic yards <br />d. Coal removed, assuming uniform 12' thickness: 2,887,149 cubic yards <br />All of the figures above are in bank cubic yards ignoring swell factors. The net result is that the <br />final topography map is inaccurate as far as mass balance is concerned. There is an excess of <br />