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of, waste materials that has occurred at the Deakins Pit appears to have resulted from an independent <br />decision by Bower Brothers, and possible misinterpretation of an existing permit from the Minerals Group <br />by 3B Enterprises, which allows for "disposal of materials containing not more than 5% coal ", which they <br />interpreted to mean a blended backfill consisting of soil fill and coal waste, meeting the 5% coal content <br />threshold. It should be noted that, based on statements by 3B Enterprise, the operator of the Deakins Pit, <br />this interpretation and approach had not previously been questioned by inspectors for the Minerals Group, <br />and only became a question or concern following the recent complaint. (THERE WERE NO <br />BROUGHT THIS ISSUE TO OUR ATTENTION.) <br />Twentvmile Coal, LLC Position and Issues <br />l) The activities which resulted in the NOV occurred without TC's knowledge or consent, and were <br />conducted by parties which were either not under TC's supervision or control (3B Enterprises), or <br />which were acting outside the scope of TC's direction and intent (Bower Brothers). <br />As previously noted, it was TC's intent and direction that road clean -up materials be transported <br />to and disposed of in the Twin Landfill, a State approved disposal facility. The diversion of waste <br />materials to any other location(s) occurred without notice to or approval of TC. TCS first <br />indication that waste materials had gone to any location other than the Twin Landfill, as directed, <br />were contacts from Jason Musick and Dan Hernandez resulting from the Minerals Group <br />inspection, as previously referenced. <br />2) There are inherent practical and operational problems with the regulatory definitions and <br />provisions as they relate to handling and disposal of "coal wastes" and "non -coal wastes ". <br />The following regulations govern handling and disposal of "coal mine waste <br />4.10 COAL MINE WASTE BANKS <br />4.10.1 General Requirements <br />(1) All coal mine waste shall be transported and placed in new and existing disposal areas <br />approved by the Division for this purpose. These areas shall be within a permit area. The <br />disposal area shall be designed, constructed, inspected and maintained: <br />(a) In accordance with 4.09.1, 4.09.2, 4. 10, and 4.11; and <br />(b) To prevent combustion. <br />(2) Coal mine waste materials from activities located outside a permit area, such as those activities <br />at other mines or abandoned mine waste piles may be disposed of in the permit area only if <br />