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cubic yards of waste and would have required approximately four (4) years to construct. Phases <br />I and II are separated by a natural ephemeral drainage channel. <br />Phase III of the proposed waste pile plan consisted of a plan to fill the drainage separating East <br />and West Ridges, as well as the placement of an additional 530,000 cubic yards of material on <br />top of the original Phase I and II waste piles. This had been projected to occur over a life span of <br />thirty -six (36) additional years. The total life of the three phases would have been forty -eight <br />(48) years and would have encompassed the disposal of 720,500 cubic yards of processed waste. <br />The Division approved Phase I of the proposed waste structure. Phase I contained sufficient <br />waste disposal area to accommodate the mine's waste production. However, Phases II & III of <br />the proposed structure were never approved due to the shutdown of the mine. There were <br />several specific aspects of the conceptual plans for Phases II and III which would have required <br />significant effort to resolve. The applicant proposed a subdrain to accommodate the surface flow <br />of the ephemeral channel separating the East and West Ridges. This subdrain would have <br />required considerable geotechnical and hydrogeological justification and specific final <br />engineered design. In addition, stability analyses for Phases II and III would have been required <br />prior to approval of either of these facilities in later permit terms. Bowie Resources, LLC <br />understood that any future mining, if it should ever occur, could proceed only as long as a waste <br />disposal site with capacity was available and permitted by the Division. <br />In September 1990, the operator began removing material from the West Ridge waste pile and <br />distributing it as product to a nearby power plant. This operation ceased in October 1991 after <br />approximately 40,000 cubic yards had been removed. Placement of material onto the West <br />Ridge waste pile resumed in 1992. <br />The operator had placed about 2000 cubic yards of run -of -mine (R.O.M.) coal waste in the <br />former timber storage area. This site was for temporary storage only. The coal waste in this <br />R.O.M. stockpile was very low quality coal. A considerable amount of the coal waste was used <br />to partially backfill the West Mine ventilation shaft. Some of the coal waste was processed <br />through a portable screener and the improved product shipped out. During the fourth quarter of <br />2007, approximately 7,500 tons of the coal waste were placed into an excavated portion on the <br />north end of the West Ridge waste pile and covered with suitable material and revegetated. The <br />West Ridge Waste Pile was completed during 2008. The capacity of the West Ridge Waste Pile <br />was approximately 131,000 cubic yards, although, ultimately, about 101,000 cubic yards of coal <br />waste were placed there. <br />Reclamation of the West Ridge waste disposal site has been and will remain concurrent with its <br />construction. As outlined in Sections 2.05.4(2)(a) and (e) of the permit application package, a <br />3.75 -foot non -toxic material /0.75 -foot topsoil berm was constructed on the outslopes after <br />completion of each lift. The active outslopes were fertilized and seeded each fall. <br />Quarterly inspections of the old waste disposal site were terminated in late 2005 through <br />Technical Revision No. 46; West Ridge waste pile quarterly inspections were terminated on <br />January 22, 2010 through Technical Revision No. 52. When active, the two coal waste piles had <br />been inspected on a regular basis by a qualified professional engineer, experienced in <br />construction of similar earth and waste structures, as approved by the Division under Rule <br />4.10.2(1). <br />The operation is in compliance with this section. <br />Page 28 of 42 <br />