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Tom al_inright of Peabody presentetl information demonstrating tnat current <br />ui~~ui udnCc" d~ uic ~ci~c'_d i ue 1S >1 ^yn1r1C3n .y .,~ ., .. ..-_~_c <br />bonding projections with respect to pit length, number of spoil ridges and <br />total acreage of disturbed areas. Mr. Wainright's rough cost estimate <br />indicates a current reclamation cost of $2,191,800.00. The bond amount held <br />by the Division is 311,673,859.00. <br />Gary Wendt of Peabody stated that the sentence on page 9-9 of the application <br />("spoil pilas are expected to be graded and topsoiled ~:~ithin one (1> <br />year..."), which is within the Topsoil Handling section of the document, was <br />included to describe the assumption used in making topsoil volume balance <br />calculations, but was not meant to be a strict commitment to such a schedule <br />which, in many instances, would not be practicable. <br />In summary, the NOV appears to have been issued based on an apparently <br />erroneous assumption by the Division due to a misreading of the reclamation <br />maps. This was compounded by a certain lack of detail regarding reclamation <br />scheduling and apparent contradictions in the permit application (see above). <br />There may further have been some miscommunication between the Division and the <br />operator regarding the reason that the subject areas had not been topsoiled, <br />particularly in regard to the possible inclusion of the areas in an approved <br />variance from contemporaneous reclamation. <br />Larry Routten of the Division indicated that, had the determinations made <br />during the conference as a result of the map review been made initially, the <br />NOV would not have been issued. <br />I oonclude that the preponderance of evidence indicates that reclamation of <br />the '.Jadge and blolf Creek mining areas was occurring as contempor-aneousiy as <br />practicable. and that dis~ur-bance levels ~:~ere maintained weli below :~or;t-case <br />disturbance projections. .although certain permit modifications appear *..~ be <br />~.,n r'ranted :vi to recard to 'the detailed schedule for final grading or pir n;ads, <br />ramps, etc., prior to topsoiling, I recommend that the Notice of Vioiacion pe <br />vacated. <br />DTM/bjw <br />5270E <br />-2- <br />