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If these analyses indicate the presence oftoxic oracid-forming materials, the Division <br />may require the waste pile to be covered with a suitable amount of material, pursuant to <br />Rule 4.14.3. <br />With accepttutce by the applicant of the above stipulations, the operation is incompliance <br />with the requirements of this section. <br />The Division has approved plans for use, construction and maintenance of a coal <br />mine waste disposal azea (4.10.1 (I)). <br />2. The applicant has a plan for disposal, at the approved disposal area within the <br />permit boundary, of mine waste materials generated by activities outside the <br />permit boundary. These materials include coal waste generated at the McClane <br />Canyon Mine. The applicant has demonstrated that disposal of such materials <br />will rtot adversely affect water quality or flow, vegetation, public health, or <br />stability of the disposal area based on hydrologic, geotechnical, physical, and <br />chemical analyses. Therefore, the Division proposes to approve of disposal of <br />these materials (4.10.1(2)). <br />3. The clisposal azea will be inspected on a regulaz basis by a qualified professional <br />specialist under the direction of the professional engineer, experienced in <br />construction of similaz earth and waste structures. Inspection by this person has <br />been approved by the Division as appropriate (4.10.2(1)). <br />4. An altemative subdralnage system for the coal mine waste area has been <br />proposed. The Division finds that such an altemative will ensure the applicable <br />static safety factor, stability of the fill, and protection of the surface and ground <br />water (4.10.3(5)). <br />VIII. Backfilling and Grading <br />Information regazding Backfilling and grading of proposed disturbed aeeas is presented in <br />Sections 2.2.2, 3.1 and 3.3 of Volume I, Appendix O of Volttme V and Sections 2.3 and <br />3.1 of Volume VI of the application. Details of the underground development waste <br />disposal pile are presented in Sections 2:L.5 and 4.5.3.3.4 of Volume I and Appendix N of <br />Volume V of'the application. These materials have been reviewed by the Division for <br />compliance with the Rutes and Regulations. Backfilling and grading of existing <br />disturbed areas (March 1998) is addressed in Section 3.9 of Volume 1, For reasons <br />addressed be'fow, and as specified in Stipulation 23, the Backfilling and grading plan <br />which applies to future proposed disturbance is not approved, and those sections of the <br />permit application which address reclamation of proposed future disturbance will require <br />revision prior to initiation of further disturbance. <br />a3 <br />