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N. Topsoil <br />The Division has determined that selected overburden materials maybe used for, or <br />as a supplement to, topsoil. The resulting soil should be equal to or better than the <br />available fill material. This determination will be based on physical and chemical <br />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 />Sanbom Creek facilities azeas. The azeas stripped of topsoil for emplacement of the <br />Sanborn 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 final reclamation. The topsoil stockpiled at the <br />upper Hubbazd Creek azea will be used to partially cover pre-law waste piles that <br />exist at the lower Hubbazd Creek azea. The upper Hubbard Creek bench will be <br />retained as an approved USFS parking lot. Stipulation No. 25 addressed the need for <br />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 Undereround Openings <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). This <br />commitment is contained in the permit on pages 2.05-20, 49 and 67. <br />VL Coal Mine Waste Banks <br />The Division has approved plans for use, construction and maintenance of two coal <br />mine waste disposal azeas, one at the East Yard area and West Valley Fill site <br />(4.10.1 (1)). The East Yard waste pile is in the process of reclamation; the West <br />Valley site has very little capacity remaining. The Division is currently reviewing an <br />application for a third waste disposal site -the II West site - at the time of this <br />renewal. <br />2. 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 />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 />25 <br />