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-25- <br />XVIII. <br />Coal Mine Waste <br />This aspect of the mine plan has been changed considerably from the first <br />permit term. The applicant originally proposed a permanent slurry waste <br />embankment to the east of the current surface facilities area, however this <br />plan never received Division approval and was not proposed in this permit <br />revision application. A plan far backstowing of coal mine waste to the <br />abandoned workings, pursuant to Rule 2.05.3(10), was proposed as a part of <br />this revision application. The Mine Safety and Health Administration (MSHA) <br />has indicated that they do not consider the backstowing plan to be <br />approvable. As a result of the MSHA determination, and pursuant to Rules <br />2.05.3(10)(a) and 4.11.3, the backstowing proposal is not approved by the <br />Division in this proposed decision. <br />Under a recent rule change, coal processing waste and underground development <br />waste must both be treated as coal mine waste, subject to all provisions of <br />4.10 and 4.11. The portal pads, built of tunnel development rock, will be <br />extended as tunnel development proceeds. The remainder of the pads will be <br />constructed in compacted 2-foot lifts, and will be inspected quarterly by a <br />registered professional engineer. NCEC has submitted an appropriate <br />engineering analysis of pad stability, based on material strength <br />characteristics of the rock tunnel material. The applicant has not <br />demonstrated that .waste material to be generated during mining operations <br />subsequent to rock tunnel completion is acceptable for use in mine pad <br />construction or reclamation, and use of such coal mine waste in construction <br />or reclamation of the portal pads is not approved. <br />~Th'e applicant has submitted a general plan for coal mine waste disposal, <br />pursuant to Rule 2.05.3(8)(a}(i). The general plan, as described in Section <br />4.3.3.4.5 and 4.3.6 of the revision application and further discussed in an <br />adequacy response letter dated October 12, 1990, describes a disposal pile <br />with a maximum volume of 15,000 cubic yards, located within the mine <br />facilities area. Upon completion, the disposal pile would be 670 feet long, <br />150 feet wide and 4 feet high. The applicant has committed, within the <br />general plan as described in the October 12, 1990 adequacy response letter, to <br />salvage sufficient subsoil from the proposed disposal site to,replace a <br />minimum of four feet of non toxic cover over the surface of the pile, prior to <br />revegetating the pile, as required by Rule 4.10.4(5). Geologic information, <br />soil survey information and site specific soils data included in the <br />application indicate that sufficient non toxic subsoil material is available, <br />when combined with previously salvaged topsoil, to provide far the four foot <br />depth of non toxic cover material. <br />The following stipulations are necessary to clarify certain commitments and to <br />insure that the maximum approved waste pile volume of 15,000 cubic yards is <br />not exceeded. <br />