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Minor Revision No. 128 Page 6 <br />September 21, 1994 <br />MISCELLANEOUS <br />1. As the Department of Health - Air Quality Control Division has <br />recently reissued permits for coal stockpiles at the West Elk <br />Mine, no further response is necessary. <br />3. No further response required. <br />4. The Division will hold the Mautz/MCC agreement as confidential <br />as it can be considered privileged financial information. The <br />Division has not jeopardized the confidentiality requested by <br />MCC. <br />5. MCC has not provided the Division with revised Map 8 as <br />indicated in the responses. Have abandonment reports been <br />filed for all drill holes located on Map 8? Please provide <br />references, as a number of holes are within the permit area. <br />6. The Merrick and Company report will be added to Exhibit 14 as <br />MCC asserts that it remains valid for the West Elk Mine. No <br />further response is required. <br />9. MCC has included the response clarifying operations within 100 <br />feet of a public road in the permit and is acceptable. In <br />addition, from review of Exhibit 51, MCC has provided for a <br />number of measures which will protect the public. A slope <br />stability analysis on the potential for failure, which would <br />effect Highway 133 was completed. Also, a monitoring system <br />has been set up which is monitored quarterly, and will <br />indicate whether the pile or subsurface soils are moving <br />laterally and whether excessive settlement or heave in the toe <br />area is occurring. In Exhibit 51, MCC makes reference on page <br />7 that a public notice to provide a public hearing was made by <br />MCC at the time the lower refuse pile was permitted. This <br />public notice is not contained within the permit and the <br />Division is unable to locate this notice in our files. Please <br />provide the affidavit of publication for the public notice <br />regarding location a portion of the lower refuse pile within <br />100 feet of a public road. <br />10. The Division appreciates the quarterly reports MCC has <br />provided. However, the history of development waste disposal <br />at the west Elk Mine is not entirely clear. In the reports, <br />disposal locations, which appear to be in different locations, <br />are identified as the initial waste rock pile, initial waste <br />rock pile area, waste rock and mine development waste pile on <br />the portal bench, the U.S. Steel laydown area pile, and the <br />main refuse pile east of the administration building. As <br />