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access to the pile. However, the terraces will still function to control runoff from the <br />pile. A hundred year diversion ditch has been constructed around the perimeter of the <br />pile to permanently collect any runoff from the site and safely route it to the natural <br />drainage system. For a discussion of the hydrologic effects of the waste pile on both <br />surface and groundwater, see the hydrology section in the Probable Hydrologic <br />Consequences section of this findings document. <br />The Division has granted a variance from Rule 4.10.4(5), to cover the lower waste pile <br />with a minimum of four feet of non-toxic and non-combustible material. The operator <br />was able to demonstrate that there would be no expected detrimental effects on <br />revegetation and that the probability of spontaneous combustion occurring is very low <br />with a proposed soil cover of 18 to 24 inches. A satisfactory revegetation, erosion, and <br />spontaneous combustion monitoring plan was proposed for the lower waste pile. Also, <br />contingency plans were proposed for all three concerns in the event of failure or poor <br />reclamation success. Therefore, upon reclamation of the lower waste pile, the operator <br />will cover the pile with 18 to 24 inches of topsoil and subsoil. For more information, <br />please see information regarding Technical Revision No. 53. <br />The West Elk Mine was 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 under <br />the direction of a professional engineer, experienced in construction of similar earth and <br />waste structures. Features inspected are erosional, drainage, structural, reclamation, and <br />general compliance and other miscellaneous features [4.10.2(1)]. <br />In January of 1997, MCC proposed the addition of a new refuse pile on approximately <br />20 acres immediately east of the existing refuse pile on the opposite (east) side of <br />Sylvester Gulch. The plan is to develop the pile in stages. Phase I is the buildout which <br />involved the removal of topsoil, initial grading, construction of a dual-cell sedimentation <br />pond, liner, and underdrains along with run-off control. Phase II was the initial refuse <br />emplacement. Phase III will involve the main build-out as the pile will proceed up the <br />hillslope to the north at a slope of 2.5 to 1. Sediment controls will be extended to the <br />west, south and east sides. Ultimately Phase IV will be the completion of the pile with a <br />capacity of 1,384,102 cubic yards total. <br />The sedimentation ponds and initial run-off control berms and ditches were completed <br />prior to the beginning of Phase I. Topsoil was placed north of Highway 133 in an area <br />known as the north soil storage area (NSSA). Subsoil from Phases I and II were used in <br />the development of the Sylvester Gulch facilities area (permit revision #7). Subsoil <br />removed in phases III and IV will be sufficient for reclamation of the RPE area itself and <br />will be placed in a stockpile to be determined prior to the beginning of Phase III. <br />The RPE area of Phases I and II is lined with high-density polyethylene liner. An <br />underdrain, designated as a rock drain, is used for collecting refuse fill drainage. The <br />42 <br />