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-3- Regarding the stockpile a discrepancy exists as to the side slope which is stated to be 1 1/4 H:1V on p. 2.05-34 in text and drawn as 1.5H:1V on Map No. 18. I believe 2H:1Y side slopes would be more acceptable 1n terms of stability. This is my recommendation based upon previous spoilpile analyses which determine a safety factor of 1.3 to 1.5. It should be noted however that tf failure occurred it 1s unlikely that environmental or operational damage would occur due to the small size of the stockpile and the size of the area on which it will be located. Another concern is for the Homestead Ditch which is located in the area to be surface mined. The final backf111ing and grading does not address whether or not this ditch will be replaced or whether it 1s presently diverted. According to the maps and cross sections I concur with the calculated 250,000 BCY from the first cut. However, I believe the 510,000 BCY calculated as total overburden volume is substantially low (i.e., only 260,000 BCY remain for cuts no. 2 through no. 6). These volume calculations should be adequately addressed, so that approximate material volumes are as planned, and contemporaneous reclamation (grading) 1s efficient and effective. findings Disposal of Actd-Forming or Toxic-Forming Material - Rules 2.05.4(2)(f), 2.04.6, and 2.04.9 The applicant presents data and information which describes the chemical characteristics of overburden and soils which will be used as backfill in both the portal pit area and the surface mine area. No acid-forming or toxic-forming materials are present in significant quantities to affect ground water quality. Therefore special handling is not required for these materials. Grease and oil as well as garbage from mining operations will be transported off-site and disposed of adequately. Inert non-coal wastes, disposed of 1n the Middle Creek Portal Ptt, will be backfilled. The list of these materials is presented in the permit application on p. 2.05-98. These materials will not affect surface or ground water quality. The application is in compliance with this section. Explosives - Rules 2.05.3(b) and 4.08 The applicant proposes to conduct blasting operations 1n the surface mine area. According to Map No. 6 - Mine Plan no potentially sensitive facilities are within 500 feet of the blasting area. The applicant intends to use a previously CMLRD approved scaled distance formula to determine explosive weight and associated blast hole spacing (see Exhibit 21, Volume 3 of permit application).