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IV. Topsoil <br /> A. The Division has determined that selected overburden materials may be used for, <br /> or as a supplement to, topsoil. The resulting soil should be equal to or better than <br /> the available fill material. This determination will be based on physical and <br /> chemical analyses and field-site trials approved by the Division (4.06.2(4)(a)). <br /> Oxbow Mining, LLC has agreed to remove and/or bury coal and coaly material on <br /> the pre-law Elk Creek yard area. Since topsoil is not available, the resulting <br /> surface material will be tested to determine if it is suitable as plant growth medium. <br /> If it is not, it will be covered by at least six inches of suitable plant growth medium <br /> or topsoil salvaged from development of the present coal mine waste pile area or <br /> the Sanborn Creek facilities areas. The areas stripped of topsoil for emplacement <br /> of the Sanborn Creek facilities will be regraded, tested and treated with topsoil in a <br /> similar fashion. All stockpiled topsoil will be used in reclamation. No salvaged <br /> topsoil will be left stockpiled upon final reclamation. The topsoil stockpiled at the <br /> upper Hubbard Creek area will be used to partially cover pre-law waste piles that <br /> exist at the lower Hubbard Creek area. The upper Hubbard Creek bench will be <br /> retained as an approved USFS parking lot. Stipulation No. 25 addressed the need <br /> for an accurate, current assessment of topsoil balance across the mine site. This <br /> stipulation was satisfied by the Minor Revision 67, approved May 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 addressed on pages 2.05-20, 49 and 67 of the PAP. <br /> VI. Use of Explosives <br /> A. The Division has not approved any variances from the rules concerning explosives. <br /> The operator's ATFE Explosives permit expired June 1, 2015. <br /> VII. Disposal of Excess Spoil <br /> A. No dedicated disposal area for excess spoil has been approved, and the quantity of <br /> excess spoil generated will be minimal. If necessary excess spoil may be disposed <br /> of if the approved fill areas; refer to section VIII (4.09.1(1)). <br /> VIII. 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)). <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 /> 23 <br />