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Mountain Coal Company, LL.C. Exhibit 51 <br />West Elk Mine Lower Refuse Pile <br />• 3.0 SOIL COVER VARL4NCE <br />MCC applied for and received a variance from the requirementto reclaim the LRP with four feet of soil <br />cover, as required by CDMG. A refuse pile reclamation study waz conducted by Environmental Research <br />and Technology, Inc. (ERT), at the West Elk Mine from 1977 to 1980. The results were evaluated and used <br />to support MCC's request for a variance. In addition, MCC reviewed the refuse pile revegetation study <br />conducted by Mid-Continent Coal Company completed to support their request fora cover variance. A <br />comparison between various conditions at MCC and Mid-Continentwaz made. Based upon the comparison, <br />MCC determined that the results of Mid-Continent's study could also be applied to the reclamation of the <br />lower refuse pile at West Elk Mine. <br />Technical Revision No. 53 was submitted to CDMG, which contained the results of the evaluation of the <br />applicability of the Mid-Continent study to MCC, the ERT study, an analysis of the waste coal, as well as <br />MCC's recommendation for suitable cover depth. The variance was approved by CDMG on July 17, 1987. <br />The decision stated that subsoil and topsoil cover material will be applied to a total depth of 18 to 24 inches <br />with the average cover being not less than 18 inches. Topsoil will not be placed in or over the rock buttress <br />at the east side of the LRP. Topsoil and subsoil will be handled as described in Section ?.05.4 of the MRP. <br />•~ <br />. _, . <br />• <br />