GENERAL43153

• Permit No: C1994082
• IBM Index Class Name: General Documents
• Doc Date: 7/5/1995
• Doc Name: PROPOSED DECISION AND FINDINGS OF COMPLIANCE
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

8. Seneca Coal Company does not control and has not controlled mining operations
with a demonstrated pattern of willful violations of the Act of such nature, duration,
and with such resulting irreparable damage to the environment as to indicate an
intent not to comply with the provisions of the Act. (2.07.6(2)(h)).
9. The Division finds that surface coal mining and reclamation operations to be
performed under this permit will not be inconsistent with other such operations
anticipated to be performed in areas adjacent to the permit azea. (2.07.6(2)(1)).
10. The Division estimates a reclamation performance bond in the amount $1,990,967.00
for the Yoast Mine. Final approval of the bond shall be required before the permit
is issued.
The above bond amount reflects the Division's projection of reclamation costs for
worst-case disturbance which will occur during the proposed permit term. It reflects
no bond release from reclamation work completed by the operator at the mine.
(2.07.6.(2)(j)). The bond estimate did not include a cost for reclamation of Pond 011
or Topsoil Pile F because they did not fall in the time line of the worst-case
disturbance. Therefore, stipulations 2 and 3 are being added to the Yoast Permit:
STIPULATION NO. 2
PRIOR TO CONSTRUCTION OF POND 11, SENECA COAL COMPANY MUST
SUBMIT ADDITIONAL RECLAMATION PERFORMANCE BOND TO THE
DIVISION. THE BOND AMOUNT MUST BE APPROVED BY THE DIVISION.
STIPULATION NO. 3
PRIOR TO CONSTRUCTION OF TOPSOIL PILE F, SENECA COAL
COMPANY MUST SUBMIT ADDITIONAL RECLAMATION PERFORMANCE
BOND TO THE DIVISION. THE BOND AMOUNT MUST BE APPROVED BY
THE DIVISION.
11. The Division has made aaegative determination for the presence of prime farmland
within the permit azea. The decision was based on a copy of a Soil Conservation
Service list of prime farmland in the vicinity of the mine, dated September 9, 1992,
that demonstrates that no prime farmland mapping units are found within the permit
azea. (2.07.6(2)(k)).
12. The Division has made a negative determination for the existence of alluvial valley
floors within the permit area or adjacent azeas in the Grassy Creek watershed to be
affected by the first flue years of mining. This determination is based on information
provided by the applicant which demonstrates that poor water quality as well as the
limited size and isolation of two potentially subirrigated fields precludes those fields
Yoast Mine 19 July 6, 1995