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the bench and outslopes would be used as plant growth medium for final reclamation. Section 4.4.5.4 <br />summarizes evaluation of the surficial and subsurface bench materials required by the Division <br />through stipulations attached to the 1982 and 1985 permit approvals. Analyses submitted in response <br />to the stipulations demonstrated that the material would be suitable for plant growth, and that no <br />special handling would be required. <br />Upon final reclamation, topsoil will be re -spread to a minimum depth of 24 inches in the <br />office area, and 4 to 8 inches on other post -law disturbance areas and approximately I acre of the <br />mine bench. Sediment that has been removed from the sedimentation pond during particular <br />sediment cleanout events in the past has been demonstrated to be suitable plant growth material, and <br />has been allowed to be placed in the topsoil stockpile. Pond cleanout material will be approved for <br />use as topdressing on pre -law disturbance areas only upon submittal of chemical and physical <br />analyses demonstrating its suitability. During periods of active mining, coal fines are a significant <br />component of sediment delivered to the pond, and the sediment cleanout material is not a suitable <br />plant growth medium at such times. The following stipulation is necessary. <br />STIPULATION NO. 27 <br />SEDIMENT REMOVED FROM THE SEDIMENT POND MAY BE USED AS A <br />TOPDRESSING OR TOPSOIL SUPPLEMENT PURSUANT TO RULE 4.06.2(4)(a), UPON <br />SUBMITTAL OF CHEMICAL AND PHYSICAL ANALYSES DEMONSTRATING THAT THE <br />MATERIAL IS EQUAL TO OR MORE SUITABLE FOR SUSTAINING VEGETATION THAN <br />AVAILABLE TOPSOIL OR OTHER PLANT GROWTH MEDIA. SUCH DEMONSTRATION <br />SHALL BE BASED ON A REPRESENTATIVE COMPOSITE SAMPLE OF THE MATERIAL <br />OBTAINED FROM EACH POND CLEANOUT EPISODE. REQUIRED PARAMETERS WILL <br />INCLUDE THOSE LISTED IN 4.06.2(4)(a), WITH THE EXCEPTION OF THICKNESS, DEPTH, <br />COARSE FRAGMENTS, AND AREAL EXTENT. ANALYSES FOR SELENIUM, BORON, <br />NITROGEN AND ORGANIC MATTER WILL BE INCLUDED IN ADDITION TO THOSE <br />LISTED. POND CLEANOUT MATERIAL WILL NOT BE PLACED IN THE TOPSOIL <br />STOCKPILE OR USED AS FINAL RECLAMATION TOPDRESSING PRIOR TO OBTAINING <br />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 will be <br />incorporated into the soil prior to seeding. Other elements if deficient will be added to the soil the <br />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. This <br />determination is based on physical and chemical analyses approved by the Division (4.06.2(4)(a)). <br />This finding applies to overburden material on the mine bench and haul road outslopes where no <br />topsoil was salvaged prior to disturbance, and also applies to sediment pond cleanout material, <br />subject to the demonstration specified in Stipulation No. 27. <br />V. Sealing of Drilled Holes and Underground Openings — Rule 4.07 <br />The Division will require that each borehole, well or other underground opening be <br />capped, sealed, backfilled, or otherwise properly managed, in accordance with Rule 4.07.3. The <br />