1999-10-15_GENERAL DOCUMENTS - C1994082

• Permit No: C1994082
• IBM Index Class Name: General Documents
• Doc Date: 10/15/1999
• Doc Name: PROPOSED DECISION AND FINDINGS OF COMPLIANCE FOR ‎(PR1)‎
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

an operation which is currently in violation of Kentucky Permit 8980140 and owns an
operation which is currently in violation of West Virginia Permit E012500. SCC is in
violation of Kentucky Permit 8980140 for three unpaid civil penalties (Violation Numbers
052522, 052908, and 053099) and for Cessation Order Number 050320. SCC is in violation
of West Virginia Permit E012500 as a result of Cessation Order Number 13. SCC is in the
process of correcting these violations. Therefore, Stipulation Numbers 13 and 14 remain in
place until these violations have been resolved. (2.07.6(2)(g)(ii))
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 area. (2.07.6(2)(i)).
10. The Division estimates the reclamation liability for mining operations in this permit term
to be $3,407,447. The Division currently holds a $3,200,000.00 performance bond for
the Yeast Mine. Applicant must submit an additional $207,447.00 of performance bond
prior to the end of the public comment period. (2.07.6(200)).
The amount of the performance bond reflects the Division's projection of reclamation costs
for the worst case disturbance that will occur during this permit term. The reclamation bond
estimate does not include costs for'reclamation of Ponds 013 or 014,Topsoil Stockpiles N,
O, P, Q or R, Post Mining Channels YPM 1 — 5, the Southern 7200 feet of Haul Road "D"
or the Southern 4800 feet of Haul Road "C". These facilities are shown on Exhibit No. 12-1
Operations Plan and Exhibit No. 20-2 Post-Mining Topography Map. They are not included
because they will not be constructed during this permit term; therefore, they are not part of
the worst-case disturbance in this permit term. Additional bond amount must be submitted
and approved by the Division prior to construction of these facilities.
11. The Division has made a negative determination for the presence of prime farmland within
the permit area. 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 area. (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 areas in the Grassy Creek watershed. 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 from meeting the regulatory criteria of an alluvial valley floor. These fields are located
in Annand Draw and Scotchmans Gulch. (2.07.6(2) and 2.06.8(3)(C)).
Yow Mine 19 October 19. 1999