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-57- XUIII. to and Non-Coal Processing Wa A geotechnical analysis of the proposed waste pile can be found in Exhibit 15 of Volume II. This information has been reviewed by the Division for compliance with the requirements of this section. The applicant's analysis of waste material samples and a mathematical stability analysis of the proposed waste pile configuration demonstrates that the proposed waste pile should achieve a static slope safety factor in excess of 1.56. This exceeds the static slope safety factor requirements of Rule 4.10.4(2). The proposed plan for construction of the Allen Mine coal processing waste pile is in compliance with the requirements of Rule 4.10.4. No allowance for variance in maximum facial slope angles and lift thickness is provided in Rule 4.10.4 as it is in MSHA specifications listed in 30 CFR 71.215(h). The applicant is responsible for compliance with Rule 4.10.4 as well as the MSHA specifications. The chemical and physical analyses of the strata immediately overlying and underlying the Allen coal seam indicates a high sodium absorption ratio which could result in problems with revegetation. This material is indicative of the coal waste that is currently disposed at the site, as well as any additional waste to be disposed of. The operator must cover the coal waste pile with sufficient soil and non-toxic non-combustible material to minimize the effects of the high sodium level. Rule 4.10.4(4) requires that a minimum of 4 feet of non-toxic, non-combustible material be placed over coal waste piles ;unless the Division allows a lesser cover based on physical and chemical analyses which show that the revegetation requirements of rule 4.15 will be met. Since the applicant has not presented any evidence that successful revegetation, in accordance with Rule 4.15, can be attained with a cover depth of less than 4 feet, and the applicant has not committed to placing 4 feet of cover over the coal waste pile, the following stipulation is necessary in order to comply with Rule 4.10.4(4). Stipulation No. 27: WITHIN 120 DAYS OF PERMIT APPROVAL, THE PERMITTEE MUST EITHER: A) SUBMIT A PLAN TO THE DIVISION FOR DEMONSTRATING THAT SUCCESSFUL REVEGETATION CAN BE ACHIEUEU WITH LESS THAN FOUR FEET OF THE BEST AVAILABLE NON-TOXIC, NON-COMBUSTIBLE COVER MATERIAL; OR B) SUBMIT A PLAN FOR RECLAMATION OF THE WASTE DISPOSAL PILE USING FOUR FEET OF THE BEST AVAILABLE NON-TOXIC, NON-COMBUSTIBLE COVER MATERIAL. THIS PLAN MUST INCLUDE A DESCRIPTION OF THE FOUR FEET OF COVER MATERIAL TO BE USED, INCLUDING, AT A MINIMUM, SOURCE AND GEOCHEMICAL CHARACTERISTICS. EITHER PLAN WILL BE SUBMITTED AS A REVISION, SUBJECT TU APPROVAL BY 7HE DIVISION, AND WILL BE IMPLEMENTED BY THE PERMITTEE DURING THE RECLAMATION OF THE PILE.