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Ms. Welt Page 4 II. Surface Hydrology 1. Upon review of MCC's reorganized permit document and a field inspection conducted on May 5, 1992, a berm was found in place at the Sylvester Gulch Fan site. PART II: ADDITIONAL ADEQUACY COMMENT C p 1. MCC should update the Spill Prevention Containment and /~~r ~ Countermeasure (SPCC) Plan contained as Exhibit 8 in Volume 2, to represent current conditions at the West Elk Mine. 2. Exhibit 51 in Volume 10, Lower Refuse Pile, should be revised '~~ ~ ~ to show the new configuration of the waste pile. Also the reclamation plan should be updated to include the approved technical revision for the variance of cover on the refuse pile. /3. Please submit a statement to be inserted into the permit document that clarifies the Freshwater Pond (FW-2), is not planned for this permit term. /4. According to Page 2.05-38 of the permit document, MCC will reclaim the Bear #1 area according to Bear Coal Company's reclamation plan. This reclamation plan should be included with MCC's permit. ~I~ ~ ~ 5. Please provide the Division with as-built designs for sediment S ponds, freshwater pond, and ditches. /6. A general statement should be contained in MCC's permit stating how sediment will be controlled at drill sites contained within MCC's permit area. PART III: STIPULATIONS 1. Stipulation 32 (Stipulation 7 from Permit Revision 2 and 4), concerning monitoring two wells located over the first panel to be subsided one year prior to mining this panel, currently has a status of complied with. There is a note from a previous lead reclamation specialist that states the Division accepts MCC's response. What was included in the MCC response and when was it sent? The Division requests MCC's assistance to reconcile this stipulation. 2. Stipulation 4 from the 1986 Permit Renewal states, "When the