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The Division reviewed results from vegetation sampling of the field trials during year five in 1990. Those results were not conclusive. Following that review, Division staff recommended that approval of less than four feet of cover be granted, conditioned upon a demonstration that revegetation success criteria be met in the field trials during years 9 and 10. No permitting action followed this recommendation so, the stipulation mentioned above has been retained. This was consistent with the Division's November, 1984 Findings of Compliance (for addition of CRDA No. 2 and 3) which stated, "until the field trials are completed and the results evaluated, the following stipulation is necessary..". The stipulation referred to above is Stipulation No. 6. Stipulation No. 6 on the Roadside permit commits the operator to replace four feet of non-toxic noncombustible material over the refuse if the field trials do not demonstrate that revegetation success criteria can be met with less than four feet of cover. Pending final results of this study, the Division has assured that the operator has adequate bond in place to put four feet of cover on both CRDA 1 and 2 in their present conditions. The Division anticipates making a determination on cover requirements for the refuse areas following receipt of final results of the field studies in 1993. Initiating reclamation prior to that time would require potentially unnecessary disturbance of a nearby borrow area as a source of cover material. Because of the inconclusive field trial results, the fragile environment at the mine site and, the potential for unnecessary disturbance which would be required by a premature decision on cover depths for the refuse areas, .the Division has deferred a decision on cover depth requirements until the field trials are completed. Rule 4.13 requires that, "Reclamation efforts...shall occur as contemporaneously as practicable with mining operations". In this particular instance, the field trials on the Roadside refuse pile are an integral part of the mining operation which the Division has taken into consideration. The Division generally agrees with OSM's position, as stated in the Roadside inspection report, that reclamation is to be accomplished concurrently with refuse pile construction. However, due to the unresolved questions about cover depth requirements at the Roadside Mine, the Division has determined that "as contemporaneously as practicable" is dependent upon evaluation of tenth year data from the field trial studies initiated nine years ago. So long as adequate reclamation bond is in place, this is an appropriate reading of and application of the regulations.