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C- 1981 -035 <br />Hi,ghwall Backfill <br />1.04 Definil <br />(22a) <br />(28) <br />X40) <br />(58) <br />(103a) <br />(108a) <br />(112) <br />(143) <br />.ions: <br />Coal mine waste <br />Compaction <br />Embankment <br />flighw all <br />Reasonably available spoil <br />Refuse pile <br />Safety factor <br />Underground development waste <br />2.05.3 Operation flan — Permit Area <br />(8) Coal :Mine Waste and Non -Coal Processing Waste <br />4.05.8 Acid - Forming and Toxic - Forming Spoil <br />4.09.1 Disposal of Excess Spoil - General Requirements <br />4.10 Coal Mine Waste Banks <br />• r. - <br />s _ 4 <br />In addition to reviewing the males, I also inquired within. the Division to learn whether this <br />particular question has arisen in the past, and if so, what determination was made. Not <br />surprisingly, another mine intended to pursue using oral mine waste in back filling portals and <br />bench higbwalls. Permit No. C- 1981 -038, the Bowie loo. 1 Mine, submitted T -39 in <br />September, 2001. The application was withdrawn in 2003, following the Division's <br />determination that material toxicity and an engineering factor of safety would need to be <br />addressed. <br />At present, I do not see a means of allowing coal mine waste to be placed at the King I mine in a <br />manner that does not satisfy the criteria of Rules 2.05.3(8), 4:09,1, 4.10 and 4.11. By definition <br />(please see 4.10.1(1)), "All coal mine waste shall be transported and placed in new and existing <br />disposal areas approved by the Division for this purpose, .. The disposal area shall be designed, <br />constructed, inspected and maintained, () In accordance with 4.09.1, 4,09.2, 4. 10, and 4.11; and <br />(b) To prevent combustion." <br />Please contact me with any additional comments or questions you may have regarding this issue. <br />Sincerely, <br />Marcia L. Talvitie, P.E. <br />Environmental Protection Specialist <br />