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Status -- Stipulation Active. No specific response is required of the operator; the <br />stipulation remains in effect. <br />STIPULATION N0.27 -SEDIMENT REMOVED FROM THE SEDIMENT POND MAYBE <br />USED AS A TOPDRESSING OR TOPSOIL SUPPLEMENT PURSUANT TO RULE 4.06.2(4)(A), <br />UPON SUBMITTAL OF CHEMICAL AND PHYSICAL ANALYSES DEMONSTRATING THAT <br />THE MATERIAL IS EQUAL TO OR MORE SUITABLE FOR SUSTAIIVING VEGETATION <br />THAN AVAILABLE TOPSOIL OR OTHER PLANT GROWTH MEDIA. SUCH <br />DEMONSTRATION SHALL BE BASED ON A REPRESENTATIVE COMPOSITE SAMPLE OF <br />THE MATERIAL OBTAINED FROM EACH POND CLEAN OUT EPISODE. REQUIRED <br />PARAMETERS WILL INCLUDE THOSE LISTED IN 4.06.2(4)(A), WITH THE EXCEPTION OF <br />THICKNESS, DEPTH, COARSE FRAGMENTS, AND AREAL EXTENT. ANALYSES FOR <br />SELENIUM, BORON, NITROGEN, AND ORGANIC MATTER WILL BE INCLUDED IN <br />ADDITION TO THOSE LISTED. POND CLEAN OUT MATERIAL WILL NOT BE PLACED <br />IN THE TOPSOIL STOCKPILE OR USED AS FINAL RECLAMATION TOPDRESSING PRIOR <br />TO OBTAINING WRITTEN APPROVAL FROM THE DIVISION. <br />Status -- Stipulation Active. Specified analyses which demonstrated the acceptability of 1992 pond <br />clean out material for use as topsoil were included in the October, 1997, TR-09 submittal. The <br />stipulation will remain in effect, to allow for use of future pond clean out material as topdressing, <br />upon approval by the Division. <br />Section III - Summary of Permitting Actions <br />Pemutting actions processed since the February 19,1999 Mid-Term Pemmt Review have included one <br />permit renewal application (RN-5), two succession ofoperator/permit transfers (SO-2 and SO-3), one <br />surety increase bond adjustment (SI-I}, three technical revisions (TR's), and six minor revisions <br />(MR's). These pernutting actions are briefly described below: <br />Permit Renewal <br />RN-5 Permit Renewal application was submitted by Lodestar Energy, Inc. (LEI) on January 8, 2001. <br />The application was deemed complete on January 18, 2001, and the Division issued a preliminary <br />adequacy review letter (PAR) on Mazch 14, 2001. LEI submitted substantive responses to the PAR <br />in the form of a technical revision ('I'R-11), which was deemed complete on October 19, 2001. TR-11 <br />was approved in July 2002. The Division has not yet issued a proposed approval of RN-5, because of <br />an outstanding right of entry issue associated with transfer of the pemut from LEI to Central <br />Appalachia Mining, LLC, (CAM). <br />