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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 <br />under the direction of a professional engineer, experienced in construction of similar <br />earth and waste structures. Features inspected are erosional, drainage, structural, <br />reclamation, and general compliance and other miscellaneous features (4.10.2(1)). <br />IX. Coal Mine Waste <br />1. The Division proposes to approve a plan for extinguishing coal mine waste fires. <br />This plan has been approved by MSHA and contains provisions about who will <br />be involved in the extinguishing operations (4.11.1). The plan can be found in <br />Exhibit 65 in Volume 11 of the permit document. <br />2. No coal mine waste from the West Elk Mine is proposed to be returned to <br />underground workings (4.11.3). <br />3. Disposal of non-coal waste will be handled as required (4.11.4). <br />4. No dams or embankments consttucted of coal mine waste have been or are <br />proposed to be constructed (4.11.5). <br />X. Backfilling and Grading <br />The Backfilling and Grading plan can be found throughout Section 2.05.4. Exhibit 54 <br />of the permit document contains detailed information regarding abandonment and <br />sealing of portals. Maps 58, 58A, 58B,59 and 59B show post-mining topography. <br />During the course of MCC's study of the original West Elk lease property and the <br />Jumbo Mountain lease area, numerous slope failures and rock falls were identified. <br />Landslides and rockfalls identified during their study are delineated on Map 31 and <br />49 <br />