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C-1981-022 <br />RN-05 Findings <br />February 2009 <br />West site was approved since the previous permit renewal, and is receiving coal mine <br />waste from the Elk Creek Mine. <br />2. The applicant has submitted a plan for disposal, at the approved disposal areas within <br />the permit boundary, of mine waste materials generated by activities outside the permit <br />boundary. These materials include waste piles at other mines. The applicant has <br />demonstrated that disposal of such materials will not adversely affect water quality or <br />flow, vegetation, public health, or stability of the disposal area based on hydrologic, <br />geotechnical, physical, and chemical analyses. Therefore, the Division has approved <br />disposal of these materials (4.10.1(2)). <br />3. The disposal areas will be inspected quarterly by a qualified professional specialist <br />under the direction of the professional engineer, experienced in construction of similar <br />earth and waste structures. Inspection by this person has been approved by the Division <br />as appropriate (4.10.2(1)). <br />4. An alternative subdrainage system for the east yard coal mine waste area has been <br />approved. The Division finds that such an alternative will ensure the applicable static <br />factor of safety, stability of the fill, and protection of the surface and ground water <br />(4.10.3(5)). <br />VII. Backfilling and Grading <br />1. The Division has approved a variance from meeting approximate original contour for <br />reclaimed areas located at the lower Hubbard Creek area and at the Bear Creek facilities <br />area (both areas are pre-law disturbance). The Division has approved a modification in <br />the general grading requirements of 4.14.2 since sufficient spoil will not be available <br />(4.14.2(1)). <br />VIII. Reve eta ation <br />1. Previously the Division had approved the use of introduced species in the reclamation <br />seed mix. The seed mix was revised in TR-27 to include all native species. TR-40 <br />revised the seed mix again to provide for additional forbs and woody plants to enhance <br />overall stand diversity. Cicer milkvetch (a non-native species) was added to the mix <br />and the grass component was modified by a reduction in overall seeding rate and <br />increased diversity. Specific exceptions were made for some small disturbed areas on <br />US Forest Service land. <br />2. The Division has approved the use of mulching with straw at the rate of 4,000 pounds <br />per acre crimped in on slopes less than 3H:1 V. On steeper slopes, hydromulch or straw <br />27