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Status of Previous Stipulations <br /> Six stipulations were attached to the 1993 renewal permit and proposed decision (I, 2, 6, 7, 11. and 12). <br /> Stipulation 13 was attached to a proposed approval decision for Minor Revision No. 23, issued August 29, <br /> 1994. Stipulation 14 was attached to Technical Revision No. 21, issued March 6, 1995. Stipulation No. 15 <br /> was attached to the Division's September 23, 1997, permit transfer approval decision. Stipulations 16 <br /> through 22 originated with the Division's December 8, 1997 proposed decision to approve Permit <br /> Revision No. 2 (PR-02). <br /> Stipulation No. 1 required submittal of detailed refuse disposal specifications for the North Portal decline area <br /> prior to initiation of reclamation in that area. Due to reclamation plan changes set forth in PR-02, refuse <br /> disposal is no longer proposed in that location, and the Stipulation was terminated by PR-02. <br /> Stipulation No.2 requires submittal of an annual hydrology report and outlines the information to be included <br /> in the report. The stipulation is still active. <br /> Stipulation No.6 related to field trials conducted on the Roadside Refuse Pile,conducted to demonstrate that <br /> successful revegetation could be established on refuse disposal areas at the mine, with less than four feet of <br /> non-toxic cover soil. The field trials have been completed, and reduced cover depths were approved by the <br /> Division in 1994. The stipulation has been terminated. <br /> Stipulation No. 7 specified an additional performance bond amount, which was to be filed prior to <br /> construction of Cameo Refuse Disposal Area No. 3 (CRDA-3). The required bond amount associated with <br /> CRDA-3 was increased from $672,529.00 to$800,871.00 as a result of reclamation cost estimate associated <br /> with PR-02. The stipulation has been terminated,based upon the operator's withdrawal from the permit <br /> of all proposed disturbance associated with CRDA-3. The withdrawal of CRDA-3 from the permit was <br /> included in application changes made during Permit Renewal No.3 (RN-03). <br /> Stipulation No. 11 was attached to the RN-02 approval,and required that the operator submit proof that four <br /> AML violations and one State of Kentucky violation were appealed, and if appealed, that proof of final <br /> resolution be submitted to the Division. AVS checks associated with PR-02 revealed that these matters had <br /> been resolved. As a result of a permit transfer approved in September, 1997, Peabody Coal Company is no <br /> longer affiliated with Powderhom Coal Company. The stipulation was terminated by PR-02. <br /> Stipulation No. 12 was attached to the RN-02 approval, and required submittal of an initial surface visual <br /> inspection for areas to be undermined in the 5 year permit term,documenting any surface structures or features <br /> to be undermined. In addition, the stipulation required the operator to conduct semi-annual subsidence <br /> inspections and to prepare and submit an annual subsidence report by December 31 of each year. The initial <br /> inspection was conducted and report submitted as required, and the operator has committed to semi-annual <br /> visual monitoring inspection and annual report submittal within the permit application text(Section 2.05.6(c), <br /> Tab-20, Vol. 6). The stipulation was terminated by PR-02. <br /> Stipulation No. 13 was attached to MR-23, approved August 29, 1994. The stipulation related to various <br /> Peabody Coal Company violations revealed by AVS system check. Review associated with PR-02 indicated <br /> that the violations had been resolved. As a result of a permit transfer approved in September, 1997, Peabody <br /> Coal Company is no longer affiliated with Powderhom Coal Company, and the stipulation was terminated <br /> by PR-02. <br /> 5 <br />