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construction of Refuse Area 5B, and of subsequent refuse disposal structures to be developed <br />over the life of the mine. <br />IX <br />Coal Mine Waste - Rule 4.11 <br />The following specific findings apply to approved refuse disposal areas RP-1, RP-2/3/4, and <br />RP-5A. <br />A. The Division approved plans for use, construction, and maintenance of a coal mine waste <br />disposal area. The approval was based on a demonstration that no ground water exists to <br />a depth of at least 44 feet below the refuse area, and no springs or seeps are known to <br />exist in the area (4.10.1(1)). <br />B. The Division finds that an alternative sub-drainage system for the coal mine waste area is <br />not required to ensure the applicable static safety factor, stability of the fill, and <br />protection of the surface and ground water. This is due to the demonstrated lack of <br />groundwater in the coal mine waste area (4.10.3(5)). <br />C. The permittee has demonstrated, based on physical and chemical analyses of refuse <br />material and cover soil, and vegetation field trials, that the revegetation requirements of <br />4.15 can be met with less than four feet of cover on the coal processing waste bank <br />(4.10.4(5)). <br />X <br />Backfilling and Grading <br />Backfilling and grading is discussed under Section V.G of Vol. 4 of the permit application. <br />A. The Division previously approved a variance from the 4 foot standard minimum cover to <br />a 2.5 foot minimum cover over exposed unoxidized coal seams and refuse disposal areas. <br />Under such conditions, the compaction and drainage protection procedures will be as <br />specified by the appropriate regulatory agencies. <br />XI. <br />Reve etg ation <br />Vegetation baseline information can be found in Section II.F of Vol. 2 of the application. <br />Revegetation plan information and methods to be utilized in determinations of revegetation <br />success are addressed in Section V.I and Section V.J of Vol. 4. <br />A. The Division approves the use of certain introduced species in the reclamation seed mix. <br />The species proposed have been used successfully within similar climatic zones in the <br />region. Pursuant to 4.15.2(3), the Division finds that the introduced species are desirable <br />and necessary to achieve the approved postmining land uses of livestock grazing and <br />wildlife habitat. <br />B. The Division approves the use of mulching and cover crops as a means to meet soil <br />stabilization requirements (4.15.4). Certified noxious weed-free hay and straw mulch, <br />Deserado Mine 26 September 19, 2008