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bench. Sediment that has been removed from the sedimentation pond during paRicular sediment cleanout events in the past has been demonstrated to be suitable plant growth material, and has been allowed to be placed in the topsoil stockpile. Pond cleanout material will be approved for use as topdressing on pre-law disturbance areas only upon submittal of chemical and physical analyses demonstrating its suitability. During periods of active mining, coal fines aze a significant component of sediment delivered to the pond, and the sediment cleanout material is not a suitable plant growth medium at such times, The following stipulation is necessary. STIPULATION N0.27 SEDIMENT REMOVED FROM THE SEDIMENT POND MAY BE USED AS A TOPDRESSING OR TOPSOIL SUPPLEMENT PURSUANT TO RULE 4.06.2(4)(a), UPON SUBMITTAL OF CHEMICAL AND PHYSICAL ANALYSES DEMONSTRATING THAT THE MATERIAL IS EQUAL TO OR MORE SUITABLE FOR SUSTAINING VEGETATION THAN AVAILABLE TOPSOIL OR OTHER PLANT GROWTH MEDIA. SUCH DEMONSTRATION SHALL BE BASED ON A REPRESENTATNE COMPOSITE SAMPLE OF THE MATERIAL OBTAINED FROM EACH POND CLEANOUT EPISODE. REQUIRED PARAMETERS WILL INCLUDE THOSE LISTED IN 4.06.2(4)(a), WITH THE EXCEPTION OF THICKNESS, DEPTH, COARSE FRAGMENTS, AND AREAL EXTENT. ANALYSES FOR SELENIUM, BORON, NITROGEN AND ORGANIC MATTER WILL BE INCLUDED fN ADDITION TO THOSE LISTED. POND CLEANOUT MATERIAL WILL NOT BE PLACED IN THE TOPSOIL STOCKPILE OR USED AS FINAL RECLAMATION TOPDRESSING PRIOR TO OBTAINING WRITTEN APPROVAL FROM THE DNISION. Surface soils will be sampled and analyzed for fertility levels upon completion of final grading and topdressing. If soil is found to be phosphorus deficient, phosphorus fertilizer will be incorporated into the soil prior to seeding. Other elements if deficient will be added to the soil the following year. The following specific finding is required by Rule 4. The Division has determined selected overburden materials shall be used for, or as a supplement to topsoil. The resulting soil is equal to or better than the available topsoil. This determination is based on physical and chemical analyses approved by the Division (4.06.2(4)(a)). This finding applies to overburden material on the mine bench and haul road outslopes where no topsoil was salvaged prior to disturbance, and also applies to sediment pond cleanout material, subject to the demonstration specified in Stipulation No. 27. IV. SEALMG OF DRILLED HOLES AND UNDERGROUND OPENINGS The Division will require that each hole, well or other underground opening be capped, sealed, backfilled, or otherwise properly managed, in accordance with Rule 4.07.3. The application includes portal seal designs (Figures 3.7-1 and 3.7-2) which depict a keyed in concrete block seal a minimum of 25 feet in from the portal opening, which would be backfilled with incombustible material. This design meets the applicable MSHA requirements at 30 CFR 75.1711. 20