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page 2 <br />Meino - Savage <br />TBM Stips #14 & 15 <br />The survey demonstrates that the actual overburden swell exceeds the <br />proportion of coal removed by 3.8 percent of the total excavated volume. <br />The resulting 3.8 percent excess spoil material has been stored within <br />the road embankments. <br />If we require the operator to reduce the road sections in order to create <br />the originally approved "jeep trail" access and maintenance roadway <br />cross-section, the operator will have to accommodate the excess spoil <br />elsewhere. Additional excess material exists within the remaining <br />sediment pond embankments and scattered subsoil and topsoil storage <br />piles. Had these volumes of additional excess spoil been included in the <br />bulking calculations, the resultant overall bulking factor would have <br />been slightly higher. Care will be required to dispose of this excess <br />spoil properly. The operator could dispose of this excess spoil <br />throughout the mined area, or within excess spoil fills. Since much of <br />the disturbed area has already been reclaimed, the opportunity for <br />over-backfilling the originally excavated area is limited. Further, much <br />of the mined area is quite steep and might not tolerate the increased <br />slopes necessary to accommodate the excess spoil. <br />I recommend that we require the operator to calculate the total volwne of <br />excess spoil which will result from reconfiguration of the roadways, <br />reclamation of the pond embankments, and removal of the additional <br />material storage piles. The operator should then prepare a plan to <br />accommodate that quantity of excess spoil material in a stable and <br />acceptable manner. <br />Stipulation #15: <br />The operator observes in this response that the projected and actual <br />swell factors were equivalent and, therefore, no amendment of the <br />post-mining topographic narrative or map is warranted. Based upon the <br />above observations, I must disagree with that observation. However, <br />amendment of the plan should wait until Stipulation #14 has been resolved. <br />cc: Brian Munson <br />jP/JP <br />Doc. No: 7767E <br />