|
the approved reclamation plan. Seneca Coal Company has also established vegetation which
<br />supports the approved post mine land use and meets the approved success standard for vegetative
<br />cover. The Division finds that the reclaimed area subject to this bond release is not contributing
<br />suspended solids to streamflow or runoff outside the permit area in excess of premining levels or in
<br />excess of adjacent nonmined areas.
<br />IV. PROPOSED DECISION
<br />Based on the observations above, the Division proposes to partially approve Seneca Coal
<br />Company's request for a Phase H bond release for the Yoast Mine. This proposed decision will
<br />release the applicant from liability for topsoil redistribution and establishment of vegetative cover
<br />on 592 acres in the North, Neck Pit, and South areas (all shown on Figures 2a, 2b, and 2c of this
<br />document). Seneca Coal Company sought release on 628.6 acres, but the Division excluded three
<br />areas of instability (two landslides and one eroded channel). The Division has specifically excluded
<br />the eroded lower segment of permanent channel YPM 5 -1, portions of the neck pit where a
<br />landslide occurred, and the landslide area near Pond 013 (all shown on Figures 3a and 3b of this
<br />document). The total acreage excluded from the SL -3 proposed approval area is 36.6 acres.
<br />The original performance bond for the Yoast Mine was $5,046,639.00. The Division previously
<br />released $11,862.00 with the approval of SL -1; the remaining liability was then$5,034,777.00. The
<br />liability was increased with subsequent revisions to $5,095,689.00. The Division released
<br />$790,205.00 with SL -2 and the remaining liability was $4,305,484.00. A detailed tracking of the
<br />reclamation bond liability is presented in Table 4.
<br />Table 4
<br />Reclamation Liability Costs
<br />+/-
<br />Ending Liability
<br />Original Bond Amount Prior to SL -1
<br />0
<br />$5,046,639.00
<br />SL -1
<br />$- 11,862.00
<br />$5,034,777.00
<br />TR -32
<br />$431.00
<br />$5,035,208.00
<br />TR -35
<br />$37,692.00
<br />$5,072,900.00
<br />TR -36
<br />$22,789.00
<br />$5,095,689.00
<br />SL -2
<br />$- 790,205.00
<br />$4,305,484.00
<br />SL -3 Proposed
<br />- $1,693,918.00
<br />$2,611,566.00
<br />The Division currently holds a performance bond of $4,305,484.00. Based on the observations
<br />above, the Division proposes to release $1,693,918.00. The remaining $2,611,566.00 is sufficient
<br />to assure completion of the remaining reclamation work at the site if the work had to be performed
<br />by the Division, including the cost of reestablishing vegetation on any revegetated areas, should
<br />those areas fail. A copy of the Division's reclamation cost estimate is available for review at the
<br />Division office.
<br />Reclamation work which remains to be done at the site includes pond removal (reclamation liability
<br />for pond removal will remain unless and until the required approval is obtained from the State
<br />Engineer to allow permanent retention of the ponds), slide remediation repair work, and monitoring
<br />and maintenance.
<br />To date, with the approval of SL -3, the Division will have released 629.72 acres under Phase I
<br />Yoast Mine C- 1994 -082 Page 10 of 17 Phase II Bond Release SL -3
<br />
|