Laserfiche WebLink
an operation which is currently in violation of Kentucky Permit 3980140 and owns an <br />operation which is currently in violation of West Virginia Permit EO12500. SCC is in <br />violation of Kentucky Permit 8980140 for three unpaid civil penalties (Violation Numbers <br />052522.052908, and 053099) and for Cessation Order Number 050320. SCC is in violation <br />of West Virginia Permit E012500 as a result of Cessation Order Number 13. SCC is in the <br />process of correcting these violations. "therefore, Stipulation Numbers 13 and l4 remain in <br />place until these violations have been resolved. (2.07.6(2)(g)(ii)) <br />8. Seneca Coal Company does not control and has not controlled mining operations with a <br />demonstrated pattern of willful violations of the Act of such nature, duration, and with such <br />resulting irreparable damage to the. environment as to indicate an intent not to comply with <br />the provisions of the Act. (2.07.6(2)(h)). <br />9. The Division finds that surface coal mining and reclamation operations to be performed <br />under this permit will not be inconsistent with other such operations anticipated to be <br />performed in areas adjacent to the permit area. (2.07.6(2)(1)). <br />10. The Division estimates the reclamation liability for mining operations in this permit term <br />to be $4,431,621.00. The Division currently holds a performance bond in the amount of <br />$3,600,000.00 for the Yoast Mine. The applicant must submit an additional $831,621.00 <br />of performance bond prior to the end of the public comment period (Rule 2.07.6(2)(j)). <br />The amount of the performance bond reflects the Division's projection of reclamation <br />costs for the worst case disturbance that will occur during this permit term. This <br />reclamation bond estimate does not include a cost for the reclamation of proposed <br />sediment pond 013, as shown on exhibit 12-1 (page 2 of 2), Operations Plan. An <br />additional performance bond (amount to be determined at time of proposed construction) <br />must be submitted and approved by the Division prior to construction. <br />11. The Division has made a negative determination for the presence of prime farmland within <br />the permit area. The decision was based on a copy of a Soil Conservation Service list of <br />prime farmland in the vicinity of the mine, dated September 9, 1992, that demonstrates that <br />no prime farmland mapping units are found within the permit area. (2.07.6(2)(k)). <br />12. The Division has made a negative determination for the existence of alluvial valley floors <br />within the permit area or adjacent areas in the Grassy Creek watershed. This determination <br />is based on information provided by the applicant which demonstrates that poor water quality <br />as well as the limited size and isolation of two potentially subirrigated fields precludes those <br />fields from meeting the regulatory criteria of an alluvial valley floor. These fields are located <br />in Annand Draw and Scotchmans Gulch. (2.07.6(2) and 2.06.8(3)(C)). <br />The Division has determined there are alluvial valley floors in the Sage Creek watershed. <br />However. the Division finds that impacts of proposed mining operations will not be <br />significant. The proposed mining operations will not interrupt, discontinue, or preclude <br />agricultural activities in the Sage Creek watershed. <br />Yoast Mint 19 M1farch 6,?001 <br />