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The refuse pile was subsequently expanded three times with Technical Revision 07 (approved on 5 Mazch 1990), Technical Revision 30 (approved on 19 June 1998) and Technical Revision 31 (approved on 21 August 2000). The borrow area was approved in conjunction with a midterm review under Technical Revision 20 (approved 22 September 1995). EFCI has submitted quarterly refuse pile inspection reports, in accordance with Rule 4.10.2, certifying that the refuse pile has been constructed and compacted as approved. The quarterly refuse pile inspection reports were conducted by an independent, registered professional engineer. The refuse pile has a maximum permitted disturbance area (footprint) of 38.0 acres. On 5 December 2002 the Division surveyed the refuse pile and determined that the disturbance azea was 37.3 acres. The maximum permitted height of the refuse pile is 75 feet. The current maximum height of the refuse pile is 70 feet (as surveyed by the Division). The Division finds that both the disturbance area and the height of the refuse pile are within the permitted maximums. The maximum allowed gradient of the side slopes (per the approved permit) is 3 horizontal: l vertical (or 33.3%). The Division surveyed the pile and found the side slopes to be in compliance. The following chart shows the five slope measurements taken. Slope Location Slope (%) West side (approximate mid-point of pile) 27.3 Southwest corner (portion completed) 10.3 Southwest corner (portion completed) 24.6 East side (approximate mid-point of pile) 32.1 Northeast comer 30.1 The side slopes aze also within the 2 horizontal:l vertical limit as set forth in Rule 4.10.4(4). Rule 4.10.4(5) requires that "Following grading of the coal mine waste bank, the site shall be covered with a minimum of 4 feet of the best available nontoxic and noncombustible material..." On the initial Southfield Mine Permit No. C-1981-014 SL-2 Findings 23 25 April 2003