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Stipulation 10.• <br />THE APPROVAL OFTHE PROPOSED DRYLAND SEEDMDC, SPECIES <br />DNERSITY STANDARD AND REFERENCE AREA FOR THE (•IO. 9 PORTAL <br />AREA ARE WI'CHHELD PENDING DIVISION INSPECTION AiJD EVALUATION <br />OF THE PROPOSED REFERENCE AREA DURING THE 1997 GROWING <br />SEASON. <br />The Division's evaluation called for in Stipulation 10 was completed in summer 2000 <br />and the permittee was notified in August 2000 that the baseline data for Reference Area <br />D should be collected during the next growing season. <br />The Division previously approved, subject to Stipulation 9, placement of two feet of <br />non-toxic cover on the coal processing waste pile. The approval was made in <br />accordance with Rule 4.10.4(4) which requires that "Following grading of the coal <br />processing waste bank, the site shall be covered with a minimum of 4 feet of the best <br />available non-toxic and non-combustible material in accordance with 4.06.2. The <br />Division may allow less than 4 feet of cover based on physical and chemical analyses <br />which show that the requirements of 4.15 will be met." The applicant has no[ <br />demonstrated that the revegetation requirements of Rule 4. l5 can, be achieved using less <br />than four feet of cover. The Division cannot approve two feet of cover until the <br />applicant more closely defines the acid, alkaline, and toxic-forming materials and <br />demonstrates, based on that depth of cover, that the requirements of Rule 4.1 ` r art be <br />achieved. Consequently, Stipulation 9 remains effective. <br />Stipulation 9: <br />THE DIVISIGN DIltECTS RAG EMPIRE CGRPDRATIGN TO PLACE FOUR <br />FEET OFNON-TOXIC, NON-ACIDIC AND NON-ALKALINE MATERIAL ON <br />THE COAL PROCESSING WASTE P1LE UNTIL SUCH TIME AS RAG EMPIRE <br />CORPORATION SATiSIFACTORII.Y DEMONSTRATES TO THI: DIVISION <br />THAT THE REVEGETATION REQUIREMENT OF RULE 415 CAN BE <br />ACHIEVED USQJG LESS THAN FOUR FEET OFNON-TOXIC COVER. IN <br />ADDCI70N, RAG EMPQtE MUST DEMONSTRATE THAT THF~.RE IS <br />SUFFICIENT MATERIAL AVAILABLE TO PROVIDE THE FOUR FEET OF <br />COVER, AND WILL ADDRESS THE SALVAGE AND STOCK PILING OF THE <br />COVER MATERIAL PRIOR TO ANY FURTHER REFUSE DISPOSAL WITHIN <br />THE REFUSE AREA. <br />A. The Division has previously approved the use of four introduced species in the <br />reclamation seed mix based on information submitted by the permittee <br />demonstrating that the introduced species aze desirable and :necessary to achieve the <br />approved post-mining land use and aze not poisonous or no~:ious. These species <br />include Pubescent wheatgrass, Hard fescue, Birdsfoot trefoil, and Cicer milkvetch <br />(4.15.2). <br />31 <br />