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<br />-37- <br />The total surface disturbance during the permit term including this permit <br />revision will be 191 acres. <br />The operation is in compliance with the requirements of this section. <br />XV. Explosives -Rules 2.05.3(6) and 4.08 <br />The requirements of this section do not apply to this operation, since no <br />explosives will be used at the surface. <br />XVI. Backfilling and Grading - Rules 2.05.3(9), 2.05.4(2)(a), 2.05.4(2)(c), <br />4.09. 4.13, and 4.14 <br />The current backfilling and grading plan as proposed, stipulated, and approved <br />during the permit review process in 1983 will be in affect and will apply to <br />the areas of this permit revision without any changes or rnodifications. <br />XVII. Coal Processing Waste and Non-Coal Processing Waste -Rules 2.05.3(8 <br />The permit revision application under consideration proposes construction of a <br />coal processing waste disposa] structure at the New Elk underground coal <br />mine. The application proposes the phased construction of a terraced 10 <br />million cubic yard capacity coal processing waste embankment, to be <br />constructed over a period of approximately 20 years. <br />The amended application, in conformance with the requirements of Rule <br />2.05.3(8), includes general and detailed design plans for the structure, a <br />general timetable for its construction, and description of a geotechnical site <br />investigation and stability analysis of the proposed structure. Each of these <br />components of the revision application conform with the prudent <br />state-of-the-art. <br />In the absence of actual coal processing waste material, the applicant's <br />geotechnical consultant, Water, Waste and Land, Inc., assumed material shear <br />strength parameters in order to complete the required stability analysis. The <br />parameters selected were obtained from U. S. Bureau of Mines report of <br />investigation RI7964 entitled "Physical Property Data on Coal Waste Embankment <br />Materials". The Division considers these material shear strength parameters <br />to be relatively conservative and their use is acceptable for the purpose of <br />completing a preliminary analysis. The applicant's consultant recommends <br />verification of material shear strength properties through specific testing. <br />The applicant has committed to the performance of complete shear strength <br />material testing, in order to verify the preliminary stability analysis, as <br />soon as waste material becomes available. <br />The applicant has committed to placement of four feet of the best available <br />non-toxic, non-combustible material on the coal processing waste embankment <br />during reclamation, in accordance with Rule 4.10.4(4). Currently the <br />applicant estimates that 6 to 12 inches for recoverable soil exists at the <br />site. The remainder of the 4 feet of material will be imported from adjacent <br />land owned by Wyoming Fuel Company. However, the applicant intends to seek a <br />variance from the requirement for 4 feet of cover. Utilizing results from <br />past and future revegetation studies. They will attempt to demonstrate that <br />revegetation can be accomplished without 4 feet of cover. <br />