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VII. Disposal of Excess Spoil <br />This section does not apply to the Bowie No. 2 Mine permit application. All excess <br />material generated during surface construction or during underground mining is <br />considered to be coal mine waste, and such materials will be placed in the approved coal <br />mine waste bank. <br />VIII. Coal Mine Waste Banks <br />A. The Division is proposing to approve plans for use, construction and maintenance of a <br />coal mine waste disposal area (4.10.1(1)). There are four permitted coal refuse <br />disposal areas associated with this operation and the Division, as a stipulation on the <br />approval of PR -14, will require the applicant to provide a plan for disposal of refuse <br />generated by mining in the Spruce Stomp lease area. <br />B. The applicant does not propose to dispose of, at the approved disposal area within the <br />permit boundary, mine waste materials generated by activities outside the permit <br />boundary (4.10.1(2)). <br />C. The approved refuse disposal areas will be inspected on a regular basis by a qualified <br />professional specialist under the direction of the professional engineer, experienced in <br />construction of similar earth and waste structures. Inspection by this person has been <br />approved by the Division as appropriate (4.10.2(1)). <br />D. An alternative subdrainage system for the coal mine waste area has not been proposed <br />(4.10.3(5)). <br />E. The Division is not proposing to approve a variation in the requirements for <br />maximum allowable lift thickness and minimum required compaction (4.10.4(3)(a)). <br />F. The applicant has not submitted a demonstration based on physical and chemical <br />analyses that shows that revegetation requirements of 4.15 can be met with less than 4 <br />feet of cover on the coal processing waste bank (4.10.4(5)). <br />IX. Coal Mine Waste <br />A. The Division proposes to approve a plan for extinguishing coal mine waste fires. <br />This plan has been approved by MSHA and contains provisions about who will be <br />involved in the extinguishing operations (4.11.1). <br />B. The Division is not proposing to approve a plan for removal of burned waste, as <br />burned waste removal is not necessary or required at this time (4.11.2 and 4.11.3). <br />C. The applicant has not requested a variance from the requirement for two feet of soil <br />cover on a non -coal waste disposal site. Non -coal waste will not be disposed of on- <br />site. It will be stored at designated locations at the mine site, and then transported to <br />the Delta County landfill for proper disposal (4.11.4(2)). <br />D. The Division is not proposing to approve construction of any dam or embankment <br />Page 38 of 46 <br />