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however, livestock in the pasture just north of the topsoil area. The Division has no further <br />concerns as long as the livestock keep off of the topsoil stockpile. The Division suggests, however, <br />that the portion of the current topsoil stockpile that lies to the north ofthe barbed wire fence be <br />moved to the south of the fence so that the livestock can not get to the stockpile. <br />Section 2.05.3(81, Coal Mine Waste And Non-Coal Processing Waste <br />19. Rule 2.05.3(8)(a)(ii)(D) requires that any geotechnical investigations, design, and construction <br />requirements for the structure be included in the submittal. However, no geotechnical <br />investigation was provided. The .stability report is based on the transposition ofmaterial <br />characteristics from tests at other areas. The report repeatedly states that site-specifre testing, or <br />at least correlation or validation of assumptions, needs to be accomplished (Volume XI, page I1; <br />geotechnical report executive summary and Section L 1). <br />Therefore, please accomplish site-specific geotechnical evaluations as recommended on page I1 <br />of Volume XI, and in the executive summary and Sections 1.1 and 6.2 ofthe Buckhorn Geotech <br />stability evaluation. Please demonstrate that the assumptions of the evaluations are valid, or <br />resubmit the analyses with revised information. <br />The requested report is to be submitted in February 2007. <br />20. Rule 4.09.1(14) requires the submittal of a foundation investigation and laboratory testing of <br />foundation materials to show what designs are needed to ensure the stability of the coal waste pile <br />foundation. However, as mentioned in question no. 19 above, no foundation investigation and <br />laboratory testing of foundation materials has been performed. Please include the findings of a <br />foundation investigation and laboratory testing offoundation materials to support the design report <br />mentioned in the previous comment above. <br />The Findings of investigations and laboratory testing are to be submitted in the February 2007 <br />report. <br />21. Rule 4.10.4(2) requires that coal mine waste piles achieve a minimum static factor ofsafety of 1.~, <br />A minimum static safety factor of L5 is demonstrated, but with assumed material characteristics <br />as mentioned in questions nos. 19 and 20 above. Please mods the application so as to <br />demonstrate applicability of the stability analysis provided. <br />An adequate safety factor is to be demonstrated in the forthcoming February 2007 report. <br />22. Rule 4.09.1(13) requires that an appropriate underdrain be installed ifseeps, springs or waterways, <br />natural or manmade, are in the coal waste disposal footprint area. Even though there is no indication <br />in the application that springs, natural or manmade watercourses, orwet-weather seeps exist in the <br />footprint of the proposed pile, BR proposes, without cause, an underdrain. Please confirm if such <br />seeps, springs or waterways exist in the coal refuse footprint area. <br />