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treated with topsoil in a similar fashion. All stockpiled topsoil will be used in <br />reclamation. None will be left stockpiled upon final reclamation. The topsoil <br />stockpiled at the upper Hubbard Creek area will be used to partially cover pre -law <br />waste piles that exist at the lower Hubbard Creek area. The upper Hubbard Creek <br />bench will be retained as an approved USFS parking lot. Stipulation No. 25 <br />addressed the need for an accurate, current assessment of topsoil balance across the <br />mine site. This stipulation was satisfied by the Minor Revision 67, approved May <br />14, 2003. <br />V. Sealing of Drilled Holes and Underground Openings <br />A. The Division will require that each hole, well or other underground opening be <br />capped, sealed, backfilled, or otherwise properly managed (4.07.3). This <br />commitment is contained in the permit on pages 2.05 -20, 49 and 67. <br />VI. Coal Mine Waste Banks <br />A. The Division has approved plans for use, construction and maintenance of three <br />coal mine waste disposal areas: the East Yard area, the West Valley Coal Refuse <br />Facility, and the II West Coal Refuse Facility (4.10.1 (1)). The East Yard waste <br />pile is in the process of reclamation; the West Valley site has very little capacity <br />remaining. The II West site was approved since the previous permit renewal, and <br />is receiving coal mine waste from the Elk Creek Mine. <br />B. The applicant has submitted a plan for disposal, at the approved disposal areas <br />within the permit boundary, of mine waste materials generated by activities outside <br />the permit boundary. These materials include waste piles at other mines. The <br />applicant has demonstrated that disposal of such materials will not adversely affect <br />water quality or flow, vegetation, public health, or stability of the disposal area <br />based on hydrologic, geotechnical, physical, and chemical analyses. Therefore, the <br />Division has approved disposal of these materials (4.10.1(2)). <br />C. The disposal areas will be inspected quarterly by a qualified professional specialist <br />under the direction of the professional engineer, experienced in construction of <br />similar earth and waste structures. Inspection by this person has been approved by <br />the Division as appropriate (4.10.2(1)). <br />D. An alternative subdrainage system for the east yard coal mine waste area has been <br />approved. The Division finds that such an alternative will ensure the applicable <br />static factor of safety, stability of the fill, and protection of the surface and ground <br />water (4.10.3(5)). <br />24 <br />