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V. Disposal of Excess Spoil <br />The Division has reviewed the design for the fill and proposes to <br />approve it. The applicant has submitted an engineer's stability <br />analysis and finds the Fruita No. 1 Mine bench will be stable. A <br />permanent diversion ditch shall be maintained to the north of the <br />bench to alleviate potential saturation of the fill (4.09.1t2)). <br />VI. Backfilling and Grading <br />Backfilling and grading were completed in 1990-1991. Phase I bond <br />release was granted in April 1991 for this work. <br />2. The Division proposes to approve the retention of a highwall since <br />it occurs in a previously mined area and is in accordance with <br />4.14.2(1). The operator has demonstrated the geologic stability of <br />this highwall. Attempts to backfill it would result in a less <br />stable land form. The landowner has specifically requested the <br />bench below the highwall not be backfilled (4.14.2(2)(c>>. <br />VII. Revegetation <br />The Division proposes to approve the use of an introduced species <br />in the reclamation seed mix. This species is Crested wheatgrass <br />(Agropyron spicatum). All other species in the seed mix are native <br />to Colorado. The applicant has submitted information which shows <br />that the introduced species is desirable and necessary to achieve <br />the approved post-mining land use and that it is not poisonous or <br />noxious (4.15.2). <br />2. The Division proposes to approve the use of hydromulching as a <br />means to meet soil stabilization requirements (4.15.4). <br />3. Since this site was disturbed by mining prior to the Fruita No. 1 <br />and 2 Mines, the only standard imposed by the Division is for <br />cover. The Division has proposed a standard of 25 percent aerial <br />cover. No reference areas are designated for comparison <br />(4.15.7(1)). <br />4. No woody stems density standards are required on this permit area <br />to achieve reclamation success (4.15.8(3) and (4)). <br />V[II. Protection of Fish, Wildlife and Related Environmental Values <br />Wildlife habitat is a planned post-mining land use. The applicant <br />has selected appropriate plant species and distributions to benefit <br />wildlife (4.18(4)(1)). <br />_12_ <br />