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The Division has granted a variance from Rule 4.10.4(5), to cover the lower waste <br /> pile with a minimum of four feet of non-toxic and non-combustible material. The <br /> operator was able to demonstrate that there would be no expected detrimental effects <br /> on revegetation and that the probability of spontaneous combustion occurring is very <br /> low with a proposed soil cover of 18 to 24 inches. A satisfactory revegetation, <br /> erosion, and spontaneous combustion monitoring plan was proposed for the lower <br /> waste pile. Also, contingency plans were proposed for all three concerns in the event <br /> of failure or poor reclamation success. Therefore, upon reclamation of the lower <br /> waste pile, the operator will cover the pile with 18 to 24 inches of topsoil and subsoil. <br /> For more information, please see information regarding Technical Revision No. 53. <br /> The West Elk Mine is permitted to dispose coal mine waste from other neighboring <br /> operations, if comparable in characteristic to MCC's refuse In the past, MCC has <br /> accepted sediment clean-out from the Terror Creek Loadout and development waste <br /> from Bear Coal Company (4.10.1(2)). <br /> The lower refuse pile is inspected quarterly by a qualified professional specialist under <br /> the direction of a professional engineer, experienced in construction of similar earth <br /> and waste structures. Features inspected are erosional, drainage, structural, <br /> reclamation, and general compliance and other miscellaneous features (4.10.2(1)). <br /> In January of 1997, MCC proposed the addition of a new refuse pile on approximately <br /> 20 acres immediately east of the existing refuse pile on the opposite (east) side of <br /> Sylvester Gulch. The plan is to develop the pile in stages. Stage I is the buildout which <br /> involved the removal of topsoil, initial grading, construction of a dual-cell sedimentation <br /> pond, liner, and underdrains along with run-off control. Phase II was the initial refuse <br /> emplacement. Phase III will involve the main build-out as the pile will proceed up the <br /> hillslope to the north at a slope of 2.5 to 1. Sediment controls will be extended to the <br /> west, south and est sides. Ultimately Phase IV will be the completion of the pile with a <br /> capacity of 1,384,102 cubic yards total. <br /> The sedimentation ponds and initial run-off control berms and ditches were completed <br /> prior to the beginning of Phase 1. Topsoil was placed north of Highway 133 in an area <br /> known as the north soil storage area (NSSA). Subsoil from Phases I and II were used <br /> in the development of the Sylvester Gulch facilities area (permit revision #7). Subsoil <br /> removed in phases 3 and 4 will be sufficient for reclamation of the RPE area itself and <br /> will be placed in a stockpile to be determined prior to the beginning of Phase III. <br /> The RPE area of Phases I and II is lined with HDPE. An underdrain, designated as a <br /> rock drain, is used to collect refuse fill drainage. The liner will allow subsurface <br /> water to migrate into the rock drain system and routed to the RPE sedimentation pond. <br /> Phases III and IV subsurface will not be lined because of the steeper slope grade <br /> (2.5H:IV) and the greater clay content of the colluvium. <br /> 51 <br />