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There are 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 area runoff are Ponds <br />10, 11, 11a, 12, 13, and 14. Ponds 10, 11, and 12 were constructed during <br />the first permit term. Ponds 11 a, 13, and 14 were constructed during the <br />second permit term. Pond 10 treats disturbed area runoff from <br />approximately 385 acres, in addition to approximately 550 acres of <br />undisturbed area. Pond 11 treats runoff from approximately 78 disturbed <br />acres. Runoff from roughly 64 undisturbed acres will also be routed <br />through the pond. Pond 11 a was designed to control runoff and erosion <br />east of the North Pit. Pond 11a was installed at the head of the YPM-12 <br />drainage above Pond 11; approximately 57 acres of disturbed area runoff <br />flows to Pond 11 a and subsequently discharges to Pond 11 for treatment <br />prior to discharge. Pond 12 treats runoff from approximately 31 <br />undisturbed acres and 287 acres of disturbed area. Pond 13 treats <br />disturbed area runoff from approximately 23.5 acres and undisturbed area <br />runoff from approximately 9.8 acres. Pond 14 treats disturbed area runoff <br />from approximately 117 acres, in addition to approximately 37 acres of <br />undisturbed area. <br />There are 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 Wolf <br />Creek coal seams at the Yoast Mine is similar in nature to the <br />corresponding materials at the nearby Seneca II and Seneca II West coal <br />mines. Only a minor portion of the spoil generated by the mining <br />operation has the potential to be acid-forming or toxic-forming. This is <br />due to acid forming potential of a fraction of Wolf Creek overburden and <br />low pH and high Boron found in and near the Lennox coal seam. Seneca <br />Coal Company previously committed to sampling regraded spoil material <br />in areas of potential concern prior to replacement of topsoil to determine <br />the presence of acid or toxic forming spoil material at the surface of <br />regraded pits. Any areas with characteristics unsuitable for plant growth <br />were to be treated chemically or buried with at least four feet of topsoil. <br />The regraded areas were sampled as required, and no acid-forming or <br />toxic-forming spoil was encountered on site. <br />Yoast Mine 23 December 15, 2010