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Minor Revision No. 128 Page 5 <br />September 21, 1994 <br />9. Map 58 has been revised to include all disturbed areas of the <br />West Elk Mine. No further response is required with respect <br />to base map coverage. Please see question #8 above, for <br />additional required revisions to Map 58. <br />10. Page 2.05-45 (now 2.05-48) states, "Subsoil, not fully <br />suitable for seedbed material, is also excavated, as <br />necessary, for construction purposes." This statement <br />indicates that some subsoil is suitable for seedbed material. <br />The Division asked MCC to commit to using subsoil only for <br />reclamation; covering the refuse pile with non-toxic cover is <br />considered reclamation. The Division did not ask MCC to <br />utilize the subsoil for use as topsoil. MCC's response <br />indicates that subsoil stockpiled for reclamation at the lower <br />refuse pile will be used only for reclamation at the lower <br />refuse pile. Page 2.05-45 (Table 47) includes only a volume <br />for the subsoil stockpile in Sylvester Gulch, which is the <br />pile MCC should commit to using only for reclamation. <br />If subsoil located in fills will be utilized for final <br />reclamation, as stated on revised page 2.05-45, then the fills <br />should be identified and not contaminated with coal. If the <br />subsoil in these fills is utilized elsewhere, how will the <br />post-mining contours be effected? <br />11. Minor Revision No. 67, approved February 6, 1990, permitted <br />the placement of a buttress at the lower refuse pile. In <br />MCC's application, it was noted that an average of one foot of <br />subsoil will be placed over the gob prior to the placement of <br />rock. The Division approved the revision because they <br />believed that the buttress would increase the overall <br />stability of the facial slope by retaining its toe. In <br />addition, the buttress will provide erosional armorment <br />adjoining Sylvester Gulch. With this approval, presumably, <br />the Division also approved the placement of one foot of <br />subsoil cover. <br />The purpose of the cover is to provide a sufficient seedbed <br />over the refuse pile. As the buttress will not be vegetated, <br />then the amount of cover in this area is sufficient. However, <br />if the buttress were ever to be removed, MCC should place the <br />required amount of topsoil and seed the area. The current <br />page 2 of Exhibit 51 is acceptable, with the added statement <br />"in compliance with the requirement to place 9-12 inches of <br />subsoil over the waste material". The other two sentences <br />added on page 2 and 3 should be withdrawn. <br />