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Mr. Tom Wainwright -4- September 25, 1984 • PCC has requested an exemption from topsoil salvaging within the Wolf Creek revision area as shown on Exhibit 9-3. Topsoil can not be salvaged on these areas without contaminating the resource. Due to equipment limitations, topsoil on these slopes would contain 40 to 50 percent coarse fragments. Topsoil from the proposed exemption areas is derived from the Splits, Wienvada and Skylick soils (40% slopes). It was deemed unsuitable for topsoil salvage in the permit application and therefore, topsoil from these areas were not included in the original topsoil balances. There will not be a loss of topsoil from the original plan if topsoil is not salvaged in the exemption areas. However, topsoil balances for the remainder of the permit term and the life-of-mine area have been revised in the permit revision. These are found in Tab 9. With the topsoil exemption, the life-of-mine replacement depth is proposed to be 12.2 inches. The Division recommends approval for the topsoil exemption. Topsoil quality is poor in the proposed exemption area and there is sufficient topsoil material available to achieve good reclamation. Reclamation fees required by 30 CFR, Chapter VII, Subchapter R are paid and up to date at the Seneca II Mine (Personal communication, John Sinder, OSM, September 17, 1984). Therefore, Peabody Coai Company is in compliance . Worst-case reclamation costs will increase as a result of the proposed changes. Therefore, the bond will have to be increased. Calculations presented in Tab 13 figure reclamation costs at $3,453,662.00. This is an increase of $164,662.00 from the Wadge revision. Therefore, a rider to the existing bond must be posted prior to implementation of this permit revision. The following stipulation is necessary. Stipulation 4: PEA80DY COAL SHALL POST A BOND OR A RIDER TO THE EXISTING BOND FOR A TOTAL AMOUNT OF $3,453,66.00 PRIOR TO IMPLEMENTATION OF THE WOLF CREEK PERMIT REVISION. With the acceptance of the stipulations stated in this letter by Peabody Coal Company, the Division recommends approval for the Wolf Creek permit revision. Notice of the Division's proposed decision will be published in the Steamboat Pilot once a week for two weeks. If no request for a hearing is received within 30 days after the first publication and the additional reclamation bond has been posted, tfie proposed decision of the Division will be final. Please contact me if you have any questions. Sincerely, Sandra L. Emrich Reclamation Specialist • I 1 lJ SLE:VGT cc; Mr, Floyd Johnson Doc. 4217