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as required. Please redesign the coal mine waste bank so that the top surface back-drains to ditches D-JB-I and D,79-1 (see Map No. I S-I, Sheet 1 of4). The 5954 con[our berm (Map 11-1, Sheet 1 of4) might be relocated to the crest of the bank. The purpose of this revision is to prevent surface runoff from the top surface to flow over the face ofthe embankment, reducing the potential for erosion down cutting into the mine waste materials. The Division has no further concerns. The current design best fits the requirements of the rules. 24. The material proposed to be temporarily stored in the coverfill stockpile is considered to be underground development waste, per Rule 1.04(!43) and, therefore, coal mine waste, per Rule 1.04(22a). Rule 4.10.3 for coal mine waste banks requires that an upland diversion ditch, designed for the 100 year-24 hour precipitation event, be constructed. Please provide such a design with appropriately revised pages and maps. The Division has no further concerns. Because the coverfill stockpile is temporary and not a permanent disposal site, Rules 4.09 and 4.10 do not apply. Section 2.05.4, Reclamation Plan 25. The Division is in the process ofcalculating the reclamation cost estimate for TR-45. When the cost estimate is completed, the Division will send a copy of the estimate to BRL. After review, please inform the Division in writing whether or not the cost estimate is acceptable to BRL. The Division has no further concems. In the April 4, 2007 submittal, BRL accepted the reclamation cost estimate of $412,958. Section 2.05.5, Postminine Land Use 26. On page 10 of the introduction to Volume XI, a statement is made that the coal refuse pile will be reclaimed to the postmining land use ofpasture. This issue is still under review by the Division. Because BRL is proposing a change in the postmining land use from cropland to pastureland for the area encompassed by the proposed gob pile no. 3, please show that the proposed alternative land use will conform to Rule 4.16.3 and that the proposed land use will conform to the definition of pastureland found in Rule 1,04(71)(b). Section 2.05.6, Mitigation of the Impacts of Mining Operations 27. How will BRL ensure that coal fines and wash water from the overhead conveyor that goes to the proposed new gob pile do not get onto the highway or into the Fire Mountain Canal'? In the January 3, 2007 submittal, BRL stated that the conveyor over the highway will be completely enclosed, thereby protecting the canal and highway from coal dust and wash water. The Division agrees with BRL, provided that there are no leaks in the enclosure. 6