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placement should be more frequent. These inspections would assure that there <br />was no contamination from shale, coal or clay, and that the drain was being <br />constructed to function as designed. Therefore, the following stipulation was <br />attached to the revision approval. <br />STIPULATION N0. 4 <br />A QUALIFIED REGISTERED ENGINEER SHALL PERFORM INSPECTIONS AT LEAST BIMONTHLY <br />DURING THE CONSTRUCTION AND PLACEMENT OF THE UNDERDRAIN (AT THE WOLF CREEK <br />FILL). RECORDS OF THE INSPECTIONS ARE TO INCLUDE DATE, TIME, INSPECTOR AND <br />OBSERVATION. COPIES SHALL BE RETAINED AT THE MINE SITE. AFTER COMPLETION OF <br />THE UNDERDRAIN CONSTRUCTION, COPIES OF THESE INSPECTION REPORTS SHALL BE SENT <br />TO THE DIVISION. <br />The fill underdrain inspections are conducted on a bi-monthly basis and <br />inspection reports are sent to the Division as required. This stipulation is <br />on-going during the course of underdrain construction. <br />The existing drainage in the area of the valley fill emptied into a closed <br />basin. Upon reclamation, Peabody Coal Company proposed to re-establish <br />drainage on the valley fill to flow to an existing channel <br />and then into the Wadge Impoundment. This would improve surface water <br />drainage and act to help eliminate seepage of water from the closed basin into <br />adjacent spoils. The channel had been designed to adequately handle flows, <br />however, velocities were determined to be high. Based upon erosion occurring <br />in the existing channel and the Division's flow velocity calculations, erosion <br />would be a problem in this channel. Therefore, a stipulation was attached to <br />the revision approval requiring that, <br />"WITHIN 90 DAYS OF REVISION APPROVAL, THE APPLICANT MUST SUBMIT A <br />DETAILED PLAN FOR EROSION CONTROL USING RIPRAP, EXCELSIOR MATTING OR <br />OTHER MEASURES TO BE IMPLEMENTED DURING CHANNEL CONSTRUCTION." <br />An acceptable erosion control plan was received by the Division within the <br />required time frame, thereby resolving the stipulation. <br />Wadge Area <br />All areas affected by mining in the Wadge East pit, Wadge West pit, and "Left <br />open" Wadge pit will be returned to approximate original contour as shown on <br />Exhibit 12-9. The proposed post-mining contours shown on Exhibit 12-9 were <br />approved by the Division at the time of issuance of the initial 5-year <br />permit. The Division finds that the proposed topography depicted on Exhibit <br />12-9 meets the requirements for approximate original contour as defined by the <br />Regulations for operations to be conducted during the second permit term. <br />Peabody Coal Company anticipates that pit disturbances can be regraded to <br />approximate original contour as defined in the Regulations without hauling any <br />box cut spoils back to the final pit. Peabody Coal Company has further <br />indicated that approximate original contour can be achieved by regrading box <br />cut spoils into the surrounding terrain as has been done, and by reduction of <br />the final pit highwall upon completion of mining, if necessary. <br />-39- <br />