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The Division has granted a variance from Rule 4 .10.4 (5) , to cover the <br /> lower waste pile with a minimum of four feet of non-toxic and <br /> non-combustible material. The operator was able to demonstrate that <br /> there would be no expected detrimental effects on revegetation and that <br /> the probability of spontaneous combustion occurring is very low with a <br /> proposed soil cover of 18 to 24 inches. A satisfactory revegetation, <br /> erosion, and spontaneous combustion monitoring plan was proposed for <br /> the lower waste pile. Also, contingency plans were proposed for all <br /> three concerns in the event of failure or poor reclamation success. <br /> Therefore, upon reclamation of the lower waste pile, the operator will <br /> cover the pile with 18 to 24 inches of topsoil and subsoil. For more <br /> information, please see information regarding Technical Revision <br /> No. 53. <br /> The West Elk Mine is permitted to dispose coal mine waste from other <br /> neighboring operations, if comparable in characteristic to MCC's refuse <br /> In the past, MCC has accepted sediment clean-out from the Terror Creek <br /> Loadout and development waste from Bear Coal Company (4.10.1 (2) ) . <br /> The lower refuse pile is inspected quarterly by a qualified <br /> professional specialist under the direction of a professional engineer, <br /> experienced in construction of similar earth and waste structures. <br /> Features inspected are, erosional, drainage, structural, reclamation, <br /> and general compliance and other miscellaneous features (4.10.2 (1) ) . <br /> Ix. Coal Mine Waste <br /> 1. The Division proposes to approve a plan for extinguishing coal mine <br /> waste fires. This plan has been approved by MSHA and contains <br /> provisions about who will be involved in the extinguishing <br /> operations (4.11.1) . The plan can be found in Exhibit 65 in <br /> Volume 11 of the permit application. <br /> 2. No coal mine waste from the West Elk Mine is proposed to be <br /> returned to underground workings (4 .11.3) . <br /> 3. Disposal of non-coal waste will be handled as required (4 .11.4) , <br /> 4. No dams or embankments constructed of coal mine waste have been or <br /> are proposed to be constructed (4.11.5) . <br /> X. Backfilling and Grading <br /> The Backfilling and Grading plan can be found throughout Section <br /> 2.05.4. Exhibit 54 of the permit application contains detailed <br /> information regarding abandonment and sealing of portals. Maps 58, <br /> SBA, 58B, and 59 show post-mining topography. <br /> During the course of MCC's study of the original West Elk lease <br /> property and the Jumbo Mountain lease area, numerous slope failures and <br /> rock falls were identified. Landslides and rockfalls identified during <br /> their study are delineated on Map 32 and 32A. However, MCC also <br /> observed that it believes such slope problems would have a minimal <br /> effect on the operation and these areas can be stabilized or removed <br /> when the facility is built. <br /> In order to judge the credibility of MCC's statements regarding slope <br /> stability, the Division requested the submittal of supporting <br /> information. MCC responded by submitting a report prepared by <br /> Geo-Hydro Consultants, Inc. , entitled "Landslide Study, Geo-Hydro <br /> Consultants, Mt . Gunnison No. 1 Mine, " included within the permit <br /> application in Exhibit 14. This report, prepared in conformance with <br /> the current state-of-the-art, includes design recommendations for the <br /> surface facilities to be constructed within the landslide deposit <br /> delineated in the surface facility area of the West Elk Mine site. One <br /> of the design recommendations forwarded within the report is the <br /> 43 <br />