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On June 18, 2003, OSM and DMG visited the West Elk Mine owned by the Mountain <br />Coal Company, LLC, Permit No. C-80-007. Henry Barbe of Mountain Coal Co., <br />accompanied the OSM and DMG representatives on the evaluation. The Lower Refuse <br />Pile and the Refuse Pile Expansion waste banks were evaluated for reclamation success <br />and off-site impacts. <br />Lower Refuse Pile (LRP) <br />Construction of the LRP ceased in 1997 and the pile is in the fifth phase of <br />reclamation construction. Although the pile has not been reclaimed to its final <br />configuration yet, it has a static safety factor of 1.5 and is very stable. The pile is 8.1 <br />acres in size when the slope distance is included and roughly 5 acres when it is excluded. <br />The pile does not have any benches in accordance with the 1996 drawings in the <br />approved permit. Approximately 4.8 acres of the pile were backfilled, graded, replaced <br />with topsoil and seeded in 1996. One acre had to be reseeded in 1997, The required <br />topsoil and subsoil cover for the LRP may vary between 9-12 inches per zone, so long as <br />the total cover is 18-24 inches in depth. This is allowable due to a variance from the <br />requirement at Rule 4.10.4(5) that waste banks be covered with a minimum of four feet <br />non-toxic and non-combustible material that DMG approved on July 17, 1987. The <br />variance was granted due to the lack of available cover material. Thus, the topsoil has <br />been replaced to required depths in accordance with Rule 4.06.4(2). Nevertheless, due to <br />the age of the pile and the lack of current maps in the permit, a field survey of the topsoil <br />and subsoil depth was conducted. The survey taken on the northwest side of the pile <br />found at least 18 inches of material. However, the soil horizons were indistinguishable <br />from one another. The soil on the east side of the pile was much rockier than the west <br />side. Based on the age of the pile and discussions with the mine representative, the <br />topsoil was reconditioned in the 1996-97 time frame and supports vegetation consistent <br />with Rule 4.06.5. Moreover, contemporaneous reclamation appears to be concurrent on <br />the pile. <br />The LRP, which was seeded in the 1996-97 time frame with a permanent seed mix, has <br />had many growing seasons to establish dense vegetation in accordance with Rule <br />4.15.3(1). Due to the age of the pile and the amount of established vegetation, soil <br />stabilizing practices have clearly been carried out over time consistent with Rule 4.15.4. <br />From a visual perspective, there appears to be three vegetative zones on the pile. <br />Specifically, the bottom third of the pile is more heavily vegetated than the second third, <br />which is denser than the top third. Additionally, a thick stand of cheat grass dominates <br />the top of the pile on the north and east sides. The disparity in vegetative cover may <br />result from a difference in the timing of the seeding, as well as a change in the permanent <br />seed mix over time. Regardless, the vegetation appears to be mature and established due <br />to a number of growing seasons and may meet the approved standards for cover and <br />diversity. <br />Refuse Pile Expansion (RPE) <br />The RPE is currently under construction, which began in 1996. Refuse material is <br />dumped on the site where it dries out. The material is then spread over the area. The lift <br />