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initiation of construction of Refuse Area 5B, and of subsequent refuse disposal structures <br />to be developed over the life of the mine. <br />IX. Coal Mine Waste - Rule 4.11 <br />The following specific findings apply to approved refuse disposal areas RP-l, RP-2/3/4, <br />and RP-5A. <br />A. The Division approved plans for use, construction, and maintenance of a coal mine <br />waste disposal area. The approval was based on a demonstration that no ground <br />water exists to a depth of at least 44 feet below the refuse area, and no springs or <br />seeps are known to exist in the area (4.10.1(1)). <br />B. The Division finds that an alternative sub-drainage system for the coal mine waste <br />area is not required to ensure the applicable static safety factor, stability of the fill, <br />and protection of the surface and ground water. This is due to the demonstrated lack <br />of 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 <br />of 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. Backfilling and Grading <br />Backfilling and grading is discussed under Section V.G of Vol. 4 of the permit <br />application. <br />A. The Division previously approved a variance from the 4 foot standard minimum <br />cover to a 2.5 foot minimum cover over exposed unoxidized coal seams and refuse <br />disposal areas. <br />XI. 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 <br />revegetation success are addressed in Section V.1 and Section V.J of Vol. 4. <br />A. The Division approves the use of certain introduced species in the reclamation seed <br />mix. The species proposed have been used successfully within similar climatic zones <br />in the region. Pursuant to 4.15.2(3), the Division finds that the introduced species are <br />desirable and necessary to achieve the approved postmining land uses of livestock <br />grazing and 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 <br />mulch, wood fiber mulch with tackifier, or stubble mulch will be used on the <br />Deserado Mine 38 June 18, 2009