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-56- XVIII Non-Coal Processing Waste - Rules Division staff members have determined, during inspection activities at the Hawk's Nest Mine site, that the portal bench and wash plant embankment within the surface facility area at the East Portal contain embankments constructed primarily of coal processing waste. Upon final reclamation, this coal processing waste material will have to be properly disposea of in a stable structure which conforms with the requirements of Rule 4.1U. Further, the toxicity of the material will have to be determined, in order to ascertain appropriate non-toxic cover requirements, in accordance with Rule 4.06.2. Because the material and disturbance in the area of the East Portals exist in their proposed configurations, the Division deems it appropriate to remedy this deficiency by imposing the following stipulation upon permit approval. STIPULATIOfV NU. 16 THE DIVISION DIRECTS WESTERN SLOPE CARBON TO DEVELOP N PLAN FUR THE PROPER DISPOSAL OF THE COAL PROCESSING WASTE MATERIAL CURRENTLY EXISTING WITHIN THE SURFACE FACILITIES AREA AT THE EAST HAWK'S NEST MINE, INCLUDING, BUT NUT LIMITED TU, THE PORTAL BENCH AND WASH PLANT "tMBANKMENTS. THIS PLAN SHALL DEMONSTRATE CONFORMANCE WITH THE REQUIREhIENTS OF kULES 4.06.2, 4.10, 4.11, 4.14, AND 4.27, AS APPROPRIATE. THIS PLAN SHALL BE SUBMITTED TU THE DIVISION FOR REVIEW AND APPROVAL WITHIN 6 MONTHS FOLLOWING ISSUAIVCE OF THIS PERMIT. Fine textured coal processing waste is currently disposed of within abandoned underground workings by means of a slurry disposal system. An experimental slurry disposal system for underground disposal of coarse waste is proposed as a possible future alternative to surface disposal. Coarse wastes, including bone coal, rock stringers and roof and floor debris, are separated from product coal utilizing a breaker. This "coal processing waste" is currently disposed of at an approved landfill site adjoining the Delta County Landfill. Based on original volume projections as noted in Section XVII: Backfilling and Grading of this document, the approved waste disposal site was to have been filled and reclaimed by the spring of 1983. Because of the limited life expectancy of the approved disposal site and the experimental nature of the slurry disposal system, the Division stated in the preliminary findings that the proposed operation could not be found to be in compliance with the coal processing waste disposal requirements of the Rules and Regulations. As also explained in Section XVII of this document, however, revised volume projections indicate that sufficient capacity does exist at the approved surface disposal site near Hotchkiss to allow disposal through 1987. Stipulation No. 13 in the previous section will assure that the reclamation plan timeframes in the refuse disposal plan are revised to reflect projected waste volumes. Coal processing waste disposal during this permit term is specifically limited to the approved disposal area and the design, disposal, and reclamation spec ificatons of the approved plan.