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-41- <br />The company submitted a supplemental design submittal which included detailed <br />designs for the 2xcess spoil pile's subdrains, ground water monitoring <br />facilities, and the deep furrows and drainage ditches proposed to be <br />constructed to control surface water runoff for the Deep Creek excess spoil <br />structure. Details were included specifying the construction of the <br />subdrains, including drain material specifications, geotechnical fabric, a 10 <br />foot thick upgradient impermeable seal, and an axial section drawing of the <br />subdrains. The submittal also included a detailed plan for the installation <br />of ground water monitoring structures, both in undisturbed subgrade below the <br />toe of the pile, and within the constructed pile. The operator also submitted <br />a detailed surface drainage plan to be implemented upon completion of the Deep <br />Creek excess spit pile. <br />The consultant's report also includes several inspection and monitoring <br />recommendations. Because the Division considers these inspection and <br />monitoring recommendations to be an important element of the construction <br />process, and because of past inspection and monitoring deficiencies at the <br />Chimney Rock Mine, the Division deems it appropriate to include these <br />recommendations as a stipulation on the approved permit. <br />Stipulation No. 3 <br />THE DIVISION DIRECTS CHIMNEY ROCK COAL COMPANY, AS RECOMMENDED IN ITS <br />CONSULTANT'S GEOTECHNICAL STABILITY ANALYSIS OF THE DEEP CREEK EXCESS SPOIL <br />PILE, TO CONDUCT BY-WEEKLY INSPECTIONS OF THE SUBDRAINS TO BE CONSTRUCTED <br />BENEATH THE EXCESS SPOIL PILE. THE OPERATOR SHALL HAVE THESE BY-WEEKLY <br />INSPECTIONS COMPLETED BY AN APPROPRIATELY QUALIFIED AND LICENSED PROFESSIONAL <br />ENGINEER. CERTIFIED REPORTS, INCLUDING PHOTOGRAPHY, SHALL BE MAINTAINED AT <br />THE MINE SITE. REPORTS SHALL BE SUBMITTED TO THE DIVISION QUARTERLY. THE <br />DIVISION SHALL BE INFORMED IMMEDIATELY OF ANY SUBSTANDARD INSPECTION <br />FINDINGS. FURTHER, CHIMNEY ROCK COAL COMPANY SHALL MONITOR THE GROUND WATER <br />ELEVATIONS BENEATH THE PILE, ON A MONTHLY BASIS, AND SUBMIT THE RESULTS OF <br />THAT MONITORING TO THE DIVISION QUARTERLY. <br />With the acceptance of the above stipulations, the proposed operation is in <br />compliance with this section. <br />XVIII. Coal Processing lJaste and Non-Coal Processing Waste - Rul <br />2.05.3(8), 2.05.4(2)(f), 4.10, and 4.11 <br />Within the permit revision application submitted for the Deep Creek Permit <br />Revision area, the operator has indicated that below specification coal fines <br />will be deposited in the inactive spoils deposition areas, mixed with <br />overburden spoil materials and compacted in 10-15 foot lifts. Spoiling of <br />coal fines, according to the operator, is rare and under no circumstances are <br />they to be placed any where except "mid-level spoils deposition areas where <br />there is on possibility of spoil instability or ground water contamination due <br />to the fines". <br />