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For the Lower Refuse Pile, drainage will be controlled by a series of drainage ditches, <br />terraces, and a sedimentation pond. Since the pile will be constructed in phases, the <br />drainage system will also be built in phases. All disturbed area drainage from the <br />topsoil piles, subsoil stockpile and waste pile will be routed to the sedimentation basin <br />at the northwest corner of the lower waste pile (MB-2R). <br />The design incorporates several permanent drainage features into the plan. After final <br />reclamation of the pile, the terraces will be barricaded with rocks or berms to prevent <br />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 accept and dispose coal mine waste from other <br />neighboring operations, if comparable in characteristic to MCC's refuse. In the past, <br />MCC has accepted sediment clean-out from the Terror Creek Loadout and development <br />waste 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 submitted an application for TR79 which proposed the <br />addition of a new refuse pile on approximately 20 acres immediately east of the existing <br />refuse pile on the opposite (east) side of Sylvester Gulch. TR-79 was approved in 1997. <br />The plan is to develop the pile in stages. Phase I is the buildout which involved the <br />removal of topsoil, initial grading, construction of a dual-cell sedimentation pond, liner, <br />and underdrains along with run-off control. Phase II was the initial refuse emplacement. <br />Phase III will involve the main build-out as the pile will proceed up the hillslope to the <br />north at a slope of 2.5 to 1. Sediment controls will be extended to the west, south and <br />east sides. Ultimately Phase IV will be the completion of the pile with a capacity of <br />1,384,102 cubic yards total. <br />42