1997-12-10_GENERAL DOCUMENTS - C1981041

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1994. Stipulation 14 was attached to Technical Revision No. 21, issued March 6, 1995. Stipulation No. 15 was attached to the Division's September 23, 1997, permit transfer approval decision. Stipulation No. 1 required submittal of detailed refuse disposal specifications for the North Portal decline area prior to initiation of reclamation in that area. Due to reclamation plan changes set forth in PR-02, refuse disposal is no longer proposed in that location, and the Stipulation is terminated. Stipulation No.2 requires submittal of an annual hydrology report and outlines the information to be included in the report. The stipulation is still active. Stipulation No.6 related to field trials conducted on the Roadside Refuse Pile,conducted to demonstrate that successful revegetation could be established on refuse disposal areas at the mine, with less than four feet of non-toxic cover soil. The field trials have been completed, and reduced cover depths were approved by the Division in 1994. The stipulation has been terminated. Stipulation No.7 specifies an additional performance bond amount which must be filed prior to construction of Cameo Refuse Disposal Area No. 3 (CRDA-3). The required bond amount associated with CRDA-3 was increased from $672,529.00 to$800,871.00 as a result of reclamation cost estimate associated with PR-02. The stipulation as modified for PR-02, is still active. Stipulation No. 11 was attached to the RN-02 approval,and required that the operator submit proof that four AML violations and one State of Kentucky violation were appealed, and if appealed, that proof of final resolution be submitted to the Division. AVS checks associated with PR-02 revealed that these matters had been resolved. As a result of a permit transfer approved in September, 1997, Peabody Coal Company is no longer affiliated with Powderhom Coal Company. The stipulation is terminated. Stipulation No. 12 was attached to the RN-02 approval, and required submittal of an initial surface visual inspection for areas to be undermined in the 5 year permit tern,documenting any surface structures or features to be undermined. In addition, the stipulation required the operator to conduct semi-annual subsidence inspections and to prepare and submit an annual subsidence report by December 31 of each year. The initial inspection was conducted and report submitted as required, and the operator has committed to semi-annual visual monitoring inspection and annual report submittal within the permit application text(Section 2.05.6(c), Tab-20, Vol. 6). The stipulation is therefore terminated. Stipulation No. 13 was attached to MR-23, approved August 29, 1994. The stipulation related to various Peabody Coal Company violations revealed by AVS system check. Review associated with PR-02 indicated that the violations had been resolved. As a result of a permit transfer approved in September, 1997, Peabody Coal Company is no longer affiliated with Powderhor Coal Company, and the stipulation is terminated. Stipulation No. 14 was attached to Technical Revision No. 21, issued March 6, 1995. The stipulation required submittal of an air emission permit prior to construction of the North Portal coal handling facilities addressed in the revision. A copy of the emission permit dated June 27, 1995 was submitted to the Division, and is included in Appendix 16-1 of the permit application. The stipulation is therefore terminated. Stipulation No. 15 was attached to the September, 1997 permit transfer. The stipulation required proof of resolution of certain Kentucky and West Virginia violations listed in the AVS system at the time of issuance of the transfer decision. Based on an AVS system check of November 18, 1997, documentation of final resolution has not yet been provided, and the stipulation, as modified for PR-02, is still active. 6