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Subsoil not fully suitable for seedbed material is also excavated, as necessary, for <br />construction purposes. Topsoil consisting of all of the A horizon and part of the B <br />horizon of each soil series present is stripped before construction begins. <br />The operator will distribute 12 to 18 inches of topsoil over the entire disturbed area. <br />However, the Lower Refuse Disposal Area will be replaced with 18 to 24 inches of <br />topsoil and subsoil. A variance to the four feet of nontoxic cover has been granted to the <br />West Elk Mine. This variance is discussed further in Section VIII, Coal Mine Waste <br />Banks in this Findings Document. After the soil has been replaced, the surface is loosed <br />and roughened by disking, harrowing, or dragging, which will increase infiltration, <br />thereby reducing surface runoff. Various conditioners and neutralizers may be used to <br />modify seedbed conditions, or enhance vegetative cover. <br />V. Sealing of Drilled Holes and Underground Openings <br />The Division will require that each hole, well or other underground opening be <br />capped, sealed, backfilled, or otherwise properly managed (4.07.3). <br />VI. Use of Explosives <br />Mining techniques used at the West Elk Mine do not require blasting as part of the <br />regular extraction cycle. Occasionally, explosives are used for underground <br />construction purposes. These uses only require small quantities of explosives. <br />MCC's Explosives Handling and Blasting Procedures are presented in Exhibit 41 of <br />the permit document. Map 53 shows the location of the powder magazine. <br />Limited application of explosives may be necessary for additional future surface <br />construction. Pursuant to Rule 4.08.1(2), blasts that use more than five pounds of <br />explosives or a blasting agent will be conducted according to the blasting schedule <br />required by 4.08.3. As appropriate, apre-blasting survey will be performed <br />(4.08.2). <br />VII. Disposal of Excess Spoil <br />1. The West Elk Mine will not require a disposal area for excess spoil (4.09). <br />VIII. Coal Mine Waste Banks <br />The West Elk Mine is currently permitted for three refuse disposal areas -the Refuse <br />Pile Expansion Area, the Upper Refuse Pile and the Lower Refuse Disposal Area. The <br />upper pile has not been constructed and is on indefinite hold. Specific information on <br />that waste pile can be found in Exhibit 50 of the permit application package. The lower <br />refuse pile and refuse pile expansion are both in use. Details regarding these piles are <br />located in Exhibits 51 and 70 respectively. <br />The lower waste pile is located adjacent to Highway 133, at the west side of the mouth <br />of Sylvester Gulch. MCC initially proposed the disposal of waste rock within two waste <br />40 <br />