Industry Fall Training 2018

1. Industry Fall Training 2018 West Virginia Department of Environmental Protection Division of Mining and Reclamation

2. Section B • B-4: Will mine operator be different from applicant?

4. Section C • Item C-2: Provide a description of the legal documents, upon which the legal right to enter and conduct surface coal mining is based. Copies of these documents are required, if there is a severance of property. • Item C-6: Selections are incorrectly checked “yes” or “no”(within 300 feet of schools, public buildings, churches; within 100 feet of a cemetery, etc.).

5. Section C (Continued) • Items C-7: Incorrectly checked boxes, when asked if any portion of the permit area is within 100-feet of the right-of-way of any public road or within 300-feet of any occupied dwelling. • Item C-7: Failure to provide proof of Valid Existing Rights and/or public notice by advertisement when mining is to occur within 100-feet of a right-of-way of a public road (excluding mine haul/access road). • Item C-7: Failure to provide proof of Valid Existing Rights and/or notarized waivers when mining is to occur within 300-feet of a dwelling.

6. Section C (Continued) • Item C-8: Incorrectly responding to the questions related to governmental planning agencies and/or municipal authorities providing water and sewer services. Failure to provide the names and addresses of such agencies/ companies.

7. Section D, Item D-1 • Certificates of Insurance have the wrong policy numbers shown; the insurance policy expiration date has passed. • No blasting insurance included in the policy, when needed. • Not enough insurance coverage is provided. • The incorrect company is listed as the insured. • WVDEP is not listed as the certificate holder.

8. Section D, Item D-2 • Bond information includes the incorrect bond amount and/or the incorrect permit acreage. • The bond increments shown in Item D-2 do not agree with the increments or acreage shown on the Incremental Bonding Map. • Bond Totals pages not refreshed after changes proposed to General Bonding Section

9. Section F • Item F-2: The incorrect existing and/or post-mining land uses are shown. • Item F-4: Post-mining land use(s) indicated do not agree with those shown in Section O, Item O-10.

10. Section H • Benthic Survey Sites are not in the appropriate locations. Consult the assigned DEP Biologist, if in doubt of the correct placement. • Item H-1: The two-year limit, of the Wildlife Resources Lands Inquiry Response, had elapsed prior to issuance of the SMA number for the permit application. • Item H-2: Notification from the U.S. Fish & Wildlife Service, in relation to Section 7 consultation (ESA), as well as confirmation of completion of Section 7 consultation by the U.S. Fish & Wildlife, has not been provided.

11. Sections I • Item I-1: The coal seams proposed to be mined do not match the coal seams indicated in the legal advertisement. • Item I-1: Provide analytical data, relating to up-dip mining and gravity drainage, for potentially toxic materials. • Item I-7: Not all boreholes, shown on the Geohydrologic Map are included in the Geologic Cross-Section drawing. • Ensure enough vertical exaggeration, in the Geologic Cross-Sections, to show adequate detail. • Identify all potentially toxic zones in the Geologic Cross-Sections.

12. Section I (Continued) • Item I-8: Map symbols, in the plan view, are not consistent with those shown in the map legend. • Item I-8: Contour lines, representing the base of the lowest coal seam to be mined, are not shown on the Geohydrologic or Proposal/Drainage Map. • Item I-8: Auger/Highwall Mine Limits are not shown on the Geohydrologic or Proposal/Drainage Map. • Item I-10: Not all borehole logs are provided.

13. Section I (Continued) • Item I-10: Borehole identifications are inconsistent between borelogs and maps, etc. • Item I-10: Coal seam outcrops are not shown on the Geohydrologic Map. • Item I-11: Coal seam analytical data/laboratory reports are either not provided or incomplete. • Item I-13: Topsoil waiver is requested, but not acknowledged in Section L of the permit application.

14. Section J • Item J-1: The ½-mile Ground Water Users Radius is not shown on any map. • Item J-2: The Ground Water Inventory list (Attachment J-2) does not identify all structures within the ½-mile radius. • Item J-2: Ground Water Inventory questionnaires are not included or are incomplete. • Item J-3: Provide the one-time metals analyses data. • Item J-3: The Threshold Monitoring Location(s) are not discussed or shown on any map.

15. Section J (Continued) • Item J-3/J-4: All ground/surface water monitoring point locations are not shown on the Proposal & Drainage Map. All water monitoring locations shall be shown on the P&D Map. • Item J-3/J-4: Baseline ground/surface water analytical data does not include the minimum six-months of laboratory analytical results. Note: the most recent analytical data must be less than two years older than the submission date of the permit application.

16. Section J (Continued) • Item J-3/J-4: Identification labels for the ground/surface water monitoring points are inconsistent between Attachments J-2, J-3, J-4, the application’s maps and the narrative texts. • Item J-6: The PHC has been copied from a previous permit application, and the information included has not been updated with site-specific information. • Item J-6: There is no Surface Water Run Off Analysis provided by the Applicant.

17. Section J (Continued) • Item J-7: Identify the Alternative Water Supply source and provide water quality and quantity data to demonstrate its suitability. • Item J-11: BMPS inconsistent with AEPP

18. Sections L • Item L-1: The applicant failed to identify all of the waivers and/or variances requested by the applicant, and/or the appropriate DEP personnel to has failed to approve the waivers.

19. Section M • Item M-2: Steep slope mining is not checked when required. Failure to identify all types of mining proposed by the applicant. Percent coal recovery is not identified for underground mining permit applications.

20. Section N • Item N-1: The Phase Timetable is hard to understand or is inaccurate. • Item N-3.B: Include the Miner’s Health, Safety and Training approval and subsequent MSHA approval (DMM67).

21. Section O • Item O-2: Spoil Balance Summary Sheet is inaccurate, or does not balance out. • Item O-2: Excess spoil, shown on Summary Sheet, is to be disposed of on an adjacent permit, but has not been appropriately approved. The Facts and Findings Book (MR-2) fails to show agency approval for such off-site disposal.

22. Section O (Continued) • Item O-2: Excess spoil volumes, for valley fills shown in Section O, do not agree with the excess spoil volumes shown for valley fills in Section R, Attachments R-2, or excess spoil volumes shown on the Valley Fill Plan and Profile Drawings. • Item O-2: Backfill and spoil volumes, found on the Spoil Balance Summary Sheet, do not match the numbers generated by AOC calculations. • Item O-8: Provide a site specific, special materials handling plan.

23. Section P • Item P-1: A Stream Delineation Map must be submitted. • P-1, P-2 or P-3 waivers are requested in narratives related to these sections, but the appropriate box is not checked. As a result, these waivers are not included in Section L or mentioned in the Facts and Findings Book. • Item P-7: Sediment Pond Plan and Profile Drawings do not contain accurate information when compared to design calculation data

24. Section P (Continued) • Item P-7: Sediment Pond Plan and Profile Drawings do not contain accurate information, when compared to design calculation data. • Item P-9: Component Drainage Table is incomplete or contains inaccurate information, when compared to the design data for each sediment/drainage structure. • Item P-9: The Component Drainage Table in does not match the Component Drainage Table shown on the Proposal/Drainage Map.

25. Section Q • Haulroad culverts do not have sizing calculations provided. • Smaller culverts than sized are shown on Haulroad Plan and Profile Drawings. • Sediment ditch calculations are not included for all drainage areas. • Calculations for station sections are missing. • The haulroad shown on the Proposal/Drainage Map is not consistent with the Haulroad Plan and Profile Drawings found in Section Q.

26. Section Q (Continued) • The station locations of sumps, culverts and stream crossings are not in the correct locations on the Haul Road Plan and Profile Drawings.

27. Section R • If excess spoil disposal structures are proposed, R-2 through R-5 must be completed.

28. Certifications • If someone other than President, Vice President, LLC Manager, or LLC Managing Member signs the application, a copy of the Power of Attorney documenting the individual authority to sign the application must be included. • Hard copies are not required, scans must be uploaded in Blue Ink.

29. Drainage/Proposal Map: • Strike and dip missing; information required to be included in the Map Notes by the Administrative Checklist is incomplete. • Map scale is different from what is indicated; adjacent coal permits are not identified in purple; drainage flow arrows are missing or unreadable.

30. Legal Advertisement: • Coal seams to be mined do not match those mentioned in Section I of the SMA. • Advertised permit acreage is less than what is found in the SMA. • Latitudes and longitudes shown are incorrect or are inverted on the map. • Land use change is not advertised. • Types of mining do not match those shown in Section M of the SMA. • Comment period mentioned is less than 30 days from the last date of advertisement.