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<br />-54- <br />In addition, the Division is unable to consider approval of the depression on <br />the basis that it meets the approximate general nature of the preinining <br />topography or the proposed post-mining topography, as CF&I contends. The <br />applicant has not submitted a contour map and cross-sections that depict the <br />pre-mining topography. Therefore, the following stipulation is necessary. <br />Stipulation No. 22 <br />WITHIN 120 DAYS OF PERMIT ISSUANCE, THE PERMITTEE SHALL SUBMIT A REVISED <br />BACKFILLING AND GRADING PLAN, INCLUDING A REVISED CONTOUR MAP AND <br />CROSS-SECTIONS OF THE POST-MINING TOPOGRAPHY. THE PROPOSED POST-MINING <br />TOPOGRAPHY SHALL COMPLY WITH THE REQUIREMENTS OF APPROXIMATE ORIGINAL <br />CONTOUR AND SHALL ELIMINATE ALL DEPRESSIONS. IN ADDITION, THE REVISED <br />CROSS-SECTIONS SHALL SHOW THE PRE-MINING TOPOGRAPHY. THIS PLAN WILL 8E <br />SUBMITTED AS A REVISION TO THE PERMIT. <br />XVIII. Coal Processing Waste and Non-Coal Processing Waste - <br />Information on refuse disposal can be found on pages 2.05-22 through 2.05-26 <br />of Volume I, Exhibit 15 of Volume II, Map 14 within Volume IV and in the <br />applicant's response of December 20, 1982 response to the Draft Findings. The <br />information has been reviewed by the Division for compliance with the <br />requirements of the above regulations. <br />The waste material sample analysis and mathematical slope stability analysis <br />provided within the application demonstrates that the proposed coal processing <br />waste pile will achieve a static slope safety factor that exceeds the <br />requirements of Rule 4.10.4(2). The proposed construction specifications for <br />placement and compaction of materials at the coal processing waste pile are in <br />compliance with the requirements of Rule 4.10.4. <br />Test pits excavated at the .site of the coal processing waste pile have <br />determined that the foundational area is underlain with between 2 and 4 feet <br />of granular material. The applicant believes that these materials will <br />function as an appropriate natural subdrain. Based on evidence gathered by <br />the Division's staff on July 27, 1983, it was determined that a minor amount <br />of ground water (approximately 2 gallons per minute) occurs in the surficial <br />deposits beneath the proposed processing waste pile at the Maxwell Mine. The <br />surficial deposits thicken from several feet at the southern extremity of the <br />proposed pile to several tens of feet near the northern extremity of the <br />pile. The applicant contends that these naturally occurring surficial <br />materials will act as a subdrain, preventing the pile from contacting ground <br />waters. This will probably be the case for the northern portions of the <br />pile. However, ground water may contact waste material within the southern <br />portions of the pile's foundational area. The several feet of apparent <br />separation is inadequate to assure prevention of potential capillary rise of <br />ground water into the waste material. <br />The stability analyses performed by the applicant have demonstrated, in <br />accordance with Rule 4.10.3(5), that the pile will remain structurally stable <br />even if saturation occurs. However, the applicant has not demonstrated that <br />the proposed design will protect ground water quality. <br />