GENERAL36786

• Permit No: C1980004
• IBM Index Class Name: General Documents
• Doc Date: 1/6/2005
• Doc Name: Proposed Decision & Findings of Compliance For RN5
• Permit Index Doc Type: Findings
• Media Type: D
• Archive: No

CV-2004-005 was issued to LEI and CAM on 11/19/04, for failure to construct or maintain a sediment
pond embankment as necessary to ensure integrity and stability of the embanlanent. As of December 17,
2004, the NOV has been fully abated and terminated. The operation is in compliance with the terms and
conditions of the approved permit.
There have been no new stipulations attached to the permit subsequent to issuance of the Febmary 19, 1999
Mid-Term Permit Review. Previously resolved Stipulations 22, 23, 24, 25, 28 and 29 are discussed in that
document. Stipulations imposed and resolved prior to that time are addressed in the December 1996
Findings Document for Permit Renewal No. 4.
Permitting actions processed subsequent to the February 19, 1999 mid-teen review and prior to the Mazch
19, 2004 mid-term review aze described in the March 19, 2004 mid-term review document. Permitting
actions processed since Mazch 19, 2004 include one succession of operator/permit transfer (SO-3), one
technical revision (TR-12), and one minor revision (MR-34). These permitting actions aze briefly described
below:
SO-3 Permit Transfer application was submitted by LEI on June 26, 2003. The successor
operator/permiee was Central Appalachia Mining, LLC, (CAM). The Division deemed the application
complete and issued a preliminary adequacy letter to CAM on July 3, 2003. The Division was not able to
make an affirmative fmding of CAM's legal right of entry until BLM approved the assignment of federal
coal leases to CAM. BLM approved the lease transfer effective 12/1/04, and the Division issued a proposed
decision to approve the SO-3 permit transfer on November 17, 2004. The permit transfer decision became
final on December 20, 2004.
TR-12 proposed approval decision was issued September 1, 2004. The revision incorporated various mine
plan updates and clarifications in response to the Division's Mazch 19, 2004 mid-term permit review.
Previously approved proposals to re-align the mine entrance road, and to construct a haul road connecting
the McClane Canyon and Munger Canyon permit areas, were withdrawn from the permit. The Division
assessed the worst case reclamation liability in association with the review of TR-12, and calculated a
liability amount of $265,431.00.
MR-34 was submitted by the operator on November 1, 2004. The revision would have incorporated a new
CDPS discharge permit into the mining and reclamation permit. For various reasons, the operator chose to
withdraw the application and re-submit with modifications at a later date. The minor revision application
was officially withdrawn by letter ofNovember 18, 2004.
MR-35 approval decision was issued December 22, 2004. The revision incorporated a new CDPS
discharge permit into the mining and reclamation permit application document.
Permit Renewal Nn_ 5 Review Prnneec
On November 22, 2000, the Division notified LEI that mining and reclamation permit C-80-004 for the
McClane Canyon Mine would expire on July 6, 2001. The Division requested pursuant to Rule 2.08.5, that
a renewal application be received in the Division office on or before January 8, 2001.
LEI's application for Successive Renewal No. 5 (RN-OS) of Permit C-80-004 was received by the Division
on January 8, 2001. The application included a renewed certificate of insurance, in addition to the required
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