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35 <br />mine water was allowed to discharge from Pond 1 to the Purgatoire River. <br />Water generated within the old Allen mine workings, flows by gravity flow to and is <br />still accumulating within the lower elevations of the mine. This water level is <br />monitored periodically by mine personnel. As the water level approaches the <br />elevation of the Bates mine workings (7350'), the water will be pumped to Pond 001 <br />to avoid seepage into the Bates mine. Water pumped from the mine will not exceed <br />the rated pump capacity of 700 gallons per minute. Any discharges to the river will <br />be sampled in accordance with the NPDES permit. <br />Any excess pond capacity is used for water storage to supplement mining and <br />preparation plant requirements to the extent water is available from water rights <br />leased by NECC. The primary spillway for Pond I is a 24 -inch diameter corrugated <br />metal pile. NECC installed a 10" diameter flow meter at the end of the primary <br />spillway to satisfy the Division of Water Resources request for a flow -measuring <br />device. A 10" diameter flow meter has a capacity of 1,800 gallon per minute. <br />Section 2.05 Figure 5 provides design criteria and proposed cross-sections for pond <br />001. The location of pond 001 is shown on Map 13 Sheet 1, Sediment and Surface <br />Water Control Plan -East Portal. Coal processing waste (from sediment pond clean- <br />out) and remnant coal stockpile debris was removed from the pond site and disposed <br />of at the Development Waste Pile (DWP) prior to pond construction. <br />(5) Topsoil <br />A majority of the disturbance at the New Elk Mine occurred prior to existing <br />regulations on salvaging topsoil. As such, only a limited amount is available for <br />reclamation. The exception to this is the refuse disposal area (RDA), which was <br />permitted in 1984. The following discussion addresses the soil handling practices in <br />the RDA and a plan for top soiling all surface disturbed areas at the New Elk Mine. <br />RDA soils inventory results estimated 6 to 12 inches of topsoil could be removed <br />from the area. Section 2.05 Table 24, Soil Balance for Refuse Disposal Area, <br />represents a topsoil balance for the life of the refuse pile. In calculating the soil <br />balance presented in Table 24, the operator utilized an average stripping depth of 13 <br />inches. It was further assumed that 9 inches of topsoil would be used in <br />reclamation, to accommodate slopes and benches within the area. The 0.75 feet of <br />topsoil will be placed on 3.25 feet of non-toxic growth medium acquired from below <br />the topsoil. <br />Section 2.05 RN -6 10/17/2016 <br />