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Steep slopes (40-60%) are encountered within the Seneca II Mine permit <br />area. A stipulation requiring approval of a variance from topsoil <br />salvaging on those areas was placed on the original permit approval. A <br />request for variance from topsoil salvaging of some steep slope areas as <br />identified on Exhibit 9-3, was submitted as part of the Wolf Creek Permit <br />Revision. This variance request for the Wolf Creek Permit Revision Area <br />was approved by the Division on September 25, 1984. <br />Peabody Coal Company was originally (1981) approved to return <br />approximately 1.4 feet (15-18 inches) of highly suitable topsoil to <br />regraded areas. As addressed in the Wolf Creek Permit Revision and <br />approved by the Division, the depth of topsoil replacement was reduced to <br />approximately 12.2 inches. To verify compliance of this topsoil <br />replacement depth, Peabody Coal Company committed to a final topsoil <br />balance survey for the duration of mining. Peabody Coal Company proposes <br />to continue to replace 12.2 inches of highly suitable topsoil on regraded <br />areas during the remaining operations at Seneca II Mine. To verify <br />compliance, Peabody Coal Company has expanded the quality control program <br />as addressed on pages 9-40 and 9-41 of the revised permit document with a <br />commitment to annual topsoil balance surveys. <br />The Division has made the following findings concerning topsoil salvage and <br />replacement: <br />1. The Division proposes to waive the requirement for clearing of <br />vegetation cover prior to topsoil removal. The applicant has <br />demonstrated that inclusion of vegetative cover in salvaged topsoil <br />is necessary or desirable to ensure soil productivity consistent <br />with the post-mining land use. Shrubs and trees will be removed <br />prior to topsoil removal. All other vegetation will be incorporated <br />into the topsoil so that organic matter and seed supply are <br />enhanced. (4.06.2(1)). <br />2. The Division is proposing to grant a variance from topsoil removal <br />in accordance with Rule 4.06.2(2)(a). Where steep slopes (40-60%) <br />are encountered, topsoil will not be removed. Details of this <br />variance are located in Tabs 9 and 12 of the permit application. <br />V. Sealing of Drilled Holes and Underground Openings <br />The Division will require that each hole, well, or other underground <br />opening be capped, sealed, backfilled, or otherwise properly managed <br />(4.07.3). <br />VI. Disposal of Excess Spoil <br />Mining in the Wolf Creek Area will result in the generation of excess <br />spoil material. In 1986, the Division approved placement of excess spoil <br />in an ephemeral drainage adjacent to the initial box cut. The following <br />findings were made for the Wolf Creek spoil material fill: <br />1. The Division has approved the use of a disposal area for excess <br />spoil. (4.09.1(1)). <br />2. The Division has reviewed the design for the fill and has approved <br />it. (4.09.1(2)). <br />-2 9- <br />