GENERAL31392

• Permit No: C1981011
• IBM Index Class Name: General Documents
• Doc Date: 1/29/1996
• Doc Name: PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR SL1
• From: Phase I
• Permit Index Doc Type: Findings
• Media Type: D
• Archive: No

3
that made up the eastern yard berm be used as a surface material
for the access road. The gravel would be placed on the road upon
final reclamation of the eastern yard berm. Because the operator
had already reclaimed the access road to the bathhouse, the
topsoil that is presently on the former access road location will
be removed first and, then, used to cover the backfilled pond
area. Finally, the landowner requested that the pond embankment
be breached in one area, down to the level of the yard area. The
Division stated that the pond should be filled up to the
elevation of the breach so that water would not be impounded.
Also, this embankment breach and pond work would mean that the
pond and pond embankment areas must be excluded from the phase
one bond release.
The Division advised the operator that the landowner should
submit a letter to the Division which states these requests. As
part of Minor Revision No. 13, the landowner letter was submitted
to the Division on November 22, 1995.
4. The Division advised the operator that the permit would be
required to be revised in order to reflect the above-mentioned
changes in the final reclamation plan, namely, for the east yard
berm, the access road and the pond embankment. The revision would
also address the material balance for the earthwork. On November
22, 1995, the operator submitted Minor Revision No. 13, which
addressed these changes. The minor revision was approved on
December 11, 1995.
5. The Division requested that the operator submit to the
Division verification that MSHA approved of the portal sealing.
On January 12, 1996, the operator stated that MSHA does not give
written approval of portal sealing. The operator did give to the
Division the letter that they had submitted to MSHA, detailing
the portal sealing operation. The operator further stated that
MSHA had not responded negatively to that letter.
II. CRITERIA AND BCHEDIILE FOR PHASE ONE HOND RELEASE
Rule 3.03.1(2)(a) states, "Up to sixty percent of the applicable bond
amount shall be released when the permittee successfully completes
backfilling, regrading, and drainage control in accordance with the
approved reclamation plan." With regard to Phase I bond release, the
approved backfilling and grading operations for the Apex No. 2 Mine
are the sealing of the portals, the approved partial backfilling of
the portal bench highwall, backfilling and grading of the former