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a formal hearing is made within thirty (30) days of the fast publication of the issuance of <br />this proposed decision, then this decision becomes fmal. Upon submittal of acceptable <br />surety by the applicant, the decision will become effective. The revision application, all <br />supporting documentation and any stipulations or conditions will become a binding part of <br />the permit. <br />Stipulation attached to Permit Revision No. 3 <br />Stipulation No. 30 <br />PRIOR TO PLACEMENT OF CONSTRUCTION MATERIALS FOR THE POND <br />016A DAM EMBANKMENT, SENECA COAL COMPANY (SCC) SHALL <br />DEMONSTRATE (BASED ON SITE-SPECIFIC SOII, SAMPLES) THAT SOIL <br />PROPERTIES OF THE FOUNDATION AND CONSTRUCTION SOILS FOR POND <br />016A ARE OF THE SAME CLASSH~ICATION AS THO5E TAKEN FROM THE <br />ADJACENT POND 016 SITE. IF THI5 IS THE CASE, THE DIVISION WILL <br />ALLOW SCC TO TRANSPOSE SOIL STRENGTH PARAMETERS FROM THE <br />POND 016 STABILITY ANALYSIS TO THE POND 016A SITE. IF THIS IS NOT <br />THE CASE, SCC SHALL SUBMIT A NEW STABIIITY ANALYSIS (BASED ON <br />SITE-SPECIFIC SOII, STRENGTH PARAMETERS) FOR POND 016A, AND <br />OBTAIN PERMIT APPROVAL PRIOR TO CONSTRUCTION. <br />Stipulations attached to previous permitting actions <br />Stipulation 24, attached to Minor Revision No. 42 was related to AVS requirements <br />pertaining to resolution of a Kentucky civil penalty violation and bond forfeiture. This <br />stipulation was resolved, and AVS checks associated with PR-3 have not indicated <br />restrictions or conditions. <br />Stipulation 28, attached to We original RN-3 proposed decision required commencement of <br />D Pit backfilling and grading by November 15, 2001, unless SCC.files application for a <br />variance for Delay in Contemporaneous Reclamation Requirements pursuant to Rule <br />2.06.7. This stipulation was adequately resolved. D Pit backfilling and grading was <br />commenced as required, and was largely completed by the end of the 2002 field season. <br />Stipulation 29 was attached to Minor Revision No. 51. The stipulation required a minor <br />change to modify a stabilization seedmix. The permit was properly amended with the <br />amended seedmix, and as such the stipulation has been resolved. <br />Seneca II-W Findings Document 4 June 15, 2001 <br />Permit Renewal No. 3 May 2, 2003 <br />