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r• <br />-50- <br />The only existing topsoil stockpiles are located near the coal waste disposal <br />embankment and near the Apache Canyon air intake structure. The topsoil <br />stockpile near the coal waste pile contains approximately 6,T00 cubic yards of <br />soil salvaged from the excavation of sediment pond 004 and the slide area east <br />of the coal loading sites. In an answer to a draft stipulation, CF&I stated <br />that a sample had been taken from this pile for analysis. The Division has <br />not yet received a copy of the analysis to determine the suitability of this <br />soil for revegetation. Therefore, in order to comply with Rule 2.04.9(1)(b), <br />the following stipulation is necessary. <br />Stipulation No. 18: <br />WITHIN 12 MONTHS OF PERMIT ISSUANCE, THE PERMITTEE MUST SUBMIT THE <br />RESULTS OF THE ANALYSIS OF A GRAB SAMPLE FROM THE TOPSOIL STOCKPILE NEAR <br />THE DEVELOPMENT WASTE DISPOSAL PILE. IN ADDITION, THE PERMIT <br />APPLICATION MUST BE UPDATED TO INCLUDE THIS INFORMATION. <br />The topsoil stockpile near the Apache Canyon intake structure contains <br />approximately 950 cubic yards of soil. Soil from this stockpile will be used <br />to reclaim the air intake site. <br />CF&I plans to disturb no additional area, therefore, no additional soil will <br />be available for reclamation. The topsoil redistribution plan submitted by <br />CF&I is very vague. It appears that CF&I plans to use all topsoil stockpiled <br />near the coal waste disposal area on the coal waste bank. It is indicated in <br />the text that six to eight inches of topsoil will be spread on the waste <br />disposal pile. However, CF&I has not presented sufficient evidence to prove <br />that less than four feet of non=toxic, non-combustible material is sufficient <br />to achieve successful revegetation (See Section XVIII of this findings <br />document). <br />Since CF&I anticipates using all topsoil on the coal waste bank, the remainder <br />of the disturbed area will be reclaimed with in-place soil materials. The <br />non-topsoiled areas should be capable of supporting vegetation if proper <br />amendments are added. However, the Division is presently unable to make a <br />determination of the suitability of these in-place materials for reclamation <br />or the need to use amendments since no analysis of the materials have been <br />submitted. Therefore, in order to comply with Rule 4.06.2(4)(a) the following <br />stipulation is necessary. <br />Stipulation No. 19: <br />WITHIN 12 MONTHS OF PERMIT ISSUANCE THE PERMITTEE MUST PROVIDE A PLAN TO <br />THE DIVISION FOR THE RECLAMATIOW OF ALL DISTURBED SURFACE LANDS WHICH <br />WILL NOT SE RETOPSOILED DURING RECLAMATION. THIS PLAN MUST INCLUDE <br />ANALYSES OF AN APPROPRIATE NUMBER OF SAMPLES OF THE DISTURBED MATERIAL <br />TO DEMONSTRATE SUITABILITY OF THE MATERIAL TO A DEPTH OF 40 INCHES ON <br />THE BASIS OF TEXTURE, pH, ELECTRICAL CONDUCTIVITY, SAR, SATURATION <br />PERCENTAGE, PERCENT ORGANIC MATTER, SELENIUM, AND BORON. THE PLAN MUST <br />ALSO INCLUDE APPROPRIATE MEASURES WHICH WILL BE EMPLOYED DURING <br />PREPARATION OF THE DISTURBED SURFACE PRIOR TO SEEDING (i.e., REDUCTION <br />OF COMPACTION). <br />