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approved by the Division. Approval shall be based on a showing by the person who conducts <br />surface coal mining operations in the permit area, using hydrologic, geotechnical, physical, and <br />chemical analysis, that disposal of these materials does not: <br />(a) Adversely affect water quality, water flow, or vegetation; <br />(b) Create public health hazards; or <br />(c) Cause instability in the disposal areas. <br />TC has an existing approved coal mine waste disposal facility (Coal Refuse Disposal Area <br />(CRDA)), which currently receives coal processing waste from the Washplant at the Foidel Creek <br />Mine. The inherent practical and operational problem with the regulatory definitions and <br />provisions is that the CDRMS interprets Rule 4.10.1(1)(b) as meaning that no combustible <br />materials can be placed in the CRDA. As a practical consideration, road clean -up materials and <br />other waste materials from underground, which fall under the very broad definition and CDRMS <br />interpretation of "underground development waste ", may contain metal, pieces of cinder block, <br />wooden blocks or pieces of timber, pieces of coal, coal dust, rock dust, etc. Given the restriction <br />on "combustible materials" and the practical dif%iculty of separating these materials, these <br />materials cannot be placed in the existing CRDA, and TC has, therefore, had road clean -up <br />materials loaded and transported to an approved off-site disposal facility. <br />3) The CDRMS has through prior decisions and ongoing inspection practices, created and <br />perpetrated confusion relative to permit requirements and what constitutes acceptable practices <br />It was never TC's intent that any waste materials from the Foidel Creek Mine be transported to <br />and disposed of in the Deakins Pit. The Minerals Group, however, through approval of a permit <br />allowing disposal of material containing coal, and implied consent over a period of time which <br />included multiple inspections of the Deakins Pit, established and perpetuated the conception that <br />placement and disposal of coal wastes in the Pit was acceptable. This conception indirectly <br />influenced the independent decisions and actions of Bower Brothers, in diverting coal waste from <br />the Foidel Creek Mine. Given the existence of this permit, and the language of Rule 4.10.1(1), it is <br />not unreasonable to conclude that the Deakins Pit is within a permit area (Minerals Permit) and <br />that coal mine waste disposal has been "approved by the Division ". <br />In addition to these issues, it is important to note that the identified waste materials of concern (with the <br />exception of the screened coal and coal fines piles at the Ross Pit, and what is identified as Stockpile 2 on <br />page 15 of the 08/18/11 CDRMS Inspection Report) are predominantly mud and clay materials. In <br />addition, any coal and coal - related waste materials from the Foidel Creek Mine should not be a concern <br />relative to surface or groundwater, since coal and overburden materials have been characterized and <br />documented as non -toxic and non acid - forming. <br />