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analyses and field-site trials approved by the Division (4.06.2(4)(a)). Oxbow <br />Mining, LLC has agreed to remove and/or bury coal and coaly material on the <br />pre-law Elk Creek yazd azea. Since topsoil is not available, the resulting surface <br />material will be tested to determine if it is suitable as plant growth medium. If it is <br />not, it will be covered by at least six inches of suitable plant growth medium or <br />topsoil salvaged from development of the present coal mine waste pile azea or the <br />Sanborn Creek facilities azeas. The azeas stripped of topsoil for emplacement of the <br />Sanbom Creek facilities will be regraded following mining, tested and treated with <br />topsoil in a similaz fashion. All stockpiled topsoil will be used in reclamation. <br />None will be left stockpiled upon fmal reclamation. The topsoil stockpiled at the <br />upper Hubbazd 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 pazking lot. Stipulation No. 25 addresses the need for <br />an accurate, current assessment of topsoil balance across the mine site. <br />V. Sealing of Drilled Holes and Underground Oroening_s <br />The Division will require that each hole, well or other underground opening be <br />capped, sealed, backfilled, or otherwise properly managed (4.07.3). <br />VI. Coal Mine Waste Banks <br />The Division has approved plans for use, construction and maintenance of two coal <br />none waste disposal azeas, one at the East Yazd azea and more recently permitted <br />West Valley Fill site (4.10.1 (1)). <br />2. The applicant has submitted a plan for disposal, at the approved disposal azeas <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 />applicant has demonstrated that disposal of such materials will not adversely affect <br />water quality or flow, vegetation, public health, or stability of the disposal azea based <br />on hydrologic, geotechnical, physical, and chemical analyses. Therefore, the <br />Division has approved disposal of these materials (4.10.1(2)). <br />3. When in service, the disposal azeas will be inspected quarterly by a qualified <br />professional specialist under the direction of the professional engineer, experienced <br />in construction of similaz earth and waste structures. Inspection by this person has <br />been approved by the Division as appropriate (4.10.2(1)). <br />4. An altemative subdrainage system for the east yazd coal mine waste azea has been <br />approved. The Division finds that such an alternative will ensure the applicable <br />static factor of safety, stability of the fill, and protection of the surface and ground <br />water (4.10.3(5)). <br />24 <br />