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SUITABLE FOR SUSTAINING VEGETATION THAN AVAILABLE TOPSOIL <br />OR OTHER PLANT GROWTH MEDIA. SUCH DEMONSTRATION SHALL BE <br />BASED ON A REPRESENTATIVE COMPOSITE SAMPLE OF THE MATERIAL <br />OBTAINED FROM EACH POND CLEANOUT EPISODE. REQUIRED <br />PARAMETERS WILL INCLUDE THOSE LISTED IN 4.06.2(4)(a), WITH THE <br />EXCEPTION OF THICKNESS, DEPTH, COARSE FRAGMENTS, AND AREAL <br />EXTENT. ANALYSES FOR SELENIUM, BORON, NITROGEN AND ORGANIC <br />MATTER WILL BE INCLUDED IN ADDITION TO THOSE LISTED. POND <br />CLEANOUT MATERIAL WILL NOT BE PLACED IN THE TOPSOIL <br />STOCKPILE OR USED AS FINAL RECLAMATION TOPDRESSING PRIOR TO <br />OBTAINING WRITTEN APPROVAL FROM THE DIVISION. <br />Surface soils will be sampled and analyzed for fertility levels upon completion of final <br />grading and topdressing. If soil is found to be phosphorus deficient, phosphorus fertilizer <br />will be incorporated into the soil prior to seeding. Other elements if deficient will be added <br />to the soil the following year. <br />The following specific finding is required by Rule 4. <br />The Division has determined selected overburden materials shall be used for, or as a <br />supplement to topsoil. The resulting soil is equal to or better than the available topsoil. <br />This determination is based on physical and chemical analyses approved by the <br />Division (4.06.2(4)(a)). This finding applies to overburden material on the mine bench <br />and haul road outslopes where no topsoil was salvaged prior to disturbance, and also <br />applies to sediment pond cleanout material, subject to the demonstration specified in <br />Stipulation No. 27. <br />V. SEALING OF DRILLED HOLES AND UNDERGROUND OPENINGS — RULE 4.07 <br />The Division will require that each hole, well or other underground opening be capped, <br />sealed, backfilled, or otherwise properly managed, in accordance with Rule 4.07.3. The <br />application includes portal seal designs (Figures 3.7-1 and 3.7-2) which depict a keyed in <br />concrete block seal a minimum of 25 feet in from the portal opening, which would be <br />backfilled with incombustible material. This design meets the applicable MSHA <br />requirements at 30 CFR 75.1711. <br />VI. USE OF EXPLOSIVES — RULE 4.08 <br />No specific approvals are granted to the applicant under this section. <br />VII. DISPOSAL OF EXCESS SPOIL — RULE 4.09 <br />No specific approvals are granted to the applicant under this section. <br />VIII. COAL MINE WASTE BANKS —RULE 4.10 <br />No specific approvals are granted to the applicant under this section. <br />29 <br />