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There aze no variances from the requirements of the Rules and <br />Regulations proposed at this time. Therefore, no specific findings <br />regarding diversions have been made. <br />C. Sedimentation Ponds <br />Sediment ponds to be constructed to treat disturbed azea runoff aze <br />Ponds 10, 11, 12, 13, and 14. Ponds 10 and 11 will be constructed <br />during the first permit term. Pond 10 will treat disturbed area runoff <br />from approximately 385 acres, in addition to approximately 550 acres <br />of undisturbed azea. Mining disturbance for the first four years of the <br />permit term will drain to Pond 10. Pond 11 will treat runoff from <br />approximately 78 disturbed acres. Runoff from roughly 64 undisturbed <br />acres will also be routed through the pond. <br />Seneca Coal Company has provided preliminary designs for Pond 11. <br />Those designs do not currently include a demonstration of <br />embankment stability required by Rule 4.05.6(11)(k). The permit <br />application package currently indicates Pond 11 will be constructed <br />approximately 2400 feet from the nearest pit disturbance, requiring <br />disturbed area runoff to flow through an otherwise undisturbed <br />drainage to reach the pond. The permit application package does not <br />currently explain how and if the pond will be as near as practicable to <br />the disturbed area, as required by Rule 4.05.6(1)(b). Therefore, the <br />following stipulation is being added to the Yoast permit, <br />STIPULATION NO. 5 <br />WTI'HIN 180 DAYS OF PERMIT ISSUANCE, THE APPLICANT <br />SHALL SUBMIT A TECHNICAL REVISION TO THE YOAST <br />PERMIT WHICH DEMONSTRATES THAT POND 11 WILL BE <br />LOCATED AS NEAR AS PRACTICABLE TO THE DISTURBED <br />AREA, AND THAT THE POND EMBANKMENT WILL HAVE A <br />MINIMUM STATIC SAFETY FACTOR OF 1.3. <br />There aze no variances from the requirements of the Rules and <br />Regulations proposed at this time. Therefore, no specific findings <br />regarding sedimentation ponds have been made. <br />D. Acid-forming and Toxic-forming Spoil <br />The over and interburden material associated with the Wadge and <br />Wolf Creek coal seams at the Yoast Mine is similar in nature to the <br />corresponding materials at the neazby Seneca II and Seneca II West <br />coal mines. Only a minor portion of the spoil generated by the mining <br />Yoast Mine 23 July 6, 1995 <br />