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3. The disposal area will be inspected on a regular basis by a qualified professional <br />specialist under the direction of the professional engineer, experienced in <br />construction of similar earth and waste structures. Inspection by this person has been <br />approved by the Division as appropriate (4.10.2(1)). <br />4. Pursuant to Rule 4.10.3(5), the Division authorizes a construction design that does <br />not employ a subdrain to intercept ground water. This authorization is based on <br />demonstrated absence of near surface ground water at the project site, and a thorough <br />analytical demonstration that the proposed design will ensure the applicable static <br />safety factor, stability of the fill, and protection of surface and ground water. In <br />addition, the design includes a commitment to monitor phreatic surface and construct <br />a toe drain if a defined critical level is exceeded in Monitoring Well GW-6. <br />The proposed operation is in compliance with the requirements of this section. <br />VIII. Backfilling and Grading <br />Information regarding backfilling and grading of proposed disturbed areas is presented in <br />narrative Section 3.3, map Figures 3.1-2 through 3.1-10, and 3.9-11, and Appendix H. <br />In Technical Revision No. 11 JR-11), the applicant submitted an amended reclamation plan <br />for the disturbance area as it existed in 1997. The plan addressed reclamation of all <br />disturbances with the exception of the coal waste disposal site, which was approved by TR- <br />14, in 2002. The TR-11 plan included appropriate topographic maps, cross-sections, and <br />stability analyses, indicating that the existing road and mine bench would be reclaimed in <br />accordance with applicable requirements. The plan approved in TR-11 was updated and <br />revised by subsequent revisions, particularly, particularly TR-16 and TR-22. Approved plans <br />specify that the upper segment of the access road will be reclaimed in accordance with Rule <br />4.03.2(7). The short lower segment of access road on the Munger Creek valley floor east of <br />the coal waste disposal area, and the entire road segment from the coal waste disposal area to <br />State Highway 139 (designated as a haul road) will be retained for the postmining land use. <br />The portal bench area will be reclaimed to a stable, approximate original contour <br />configuration, with highwalls and depressions eliminated. The major portion of the <br />backfilling and grading operations were completed in the summer of 2007. <br />Interim reclamation was conducted at the mine bench area in 2001/2002. Coal material from <br />clean-up of the Loma Loadout was hauled to the mine bench area as an initial step in the <br />interim reclamation. The coaly material was spread and compacted in lifts at the base of the <br />portal bench cut slope, in compliance with 4.10.4(3)(a) and (b), and the placement and <br />compaction was inspected and certified by a registered professional engineer, in compliance <br />with 4.09. 1 (1 1)(a) and (b). The coal fill (approximately 200' by 75' by up to 15' deep) was <br />subsequently covered with an approximate 2 foot cover soil thickness, and seeded with the <br />approved stabilization seed mix. P.E. certification of the backfill stability is included in <br />Permit Appendix H, along with a stability analysis and associated documentation. The <br />33