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receiving coal mine waste from the Elk Creek Mine. <br />2. The applicant has submitted a plan for disposal, at the approved disposal areas <br />within the permit boundary, of mine waste materials generated by activities outside <br />the permit boundary. These materials include waste piles at other mines. The <br />applicant has demonstrated that disposal of such materials will not adversely affect <br />water quality or flow, vegetation, public health, or stability of the disposal area <br />based on hydrologic, geotechnical, physical, and chemical analyses. Therefore, the <br />Division has approved disposal of these materials (4.10.1(2)). <br />The disposal areas will be inspected quarterly by a qualified professional specialist <br />under the direction of the professional engineer, experienced in construction of <br />similar earth and waste structures. Inspection by this person has been approved by <br />the Division 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 <br />static factor of safety, stability of the fill, and protection of the surface and ground <br />water (4.10.3(5)). <br />VII. Backfilling and Grading <br />The Division has approved a variance from meeting approximate original contour <br />for reclaimed areas located at the lower Hubbard Creek area and at the Bear Creek <br />facilities area (both areas are pre -law disturbance). The Division has approved a <br />modification in the general grading requirements of 4.14.2 since sufficient spoil <br />will not be available (4.14.2(1)). <br />VIII. Revegetation <br />Previously the Division had approved the use of introduced species in the <br />reclamation seed mix. The seed mix was revised in TR -27 to include all native <br />species. TR -40 revised the seed mix again to provide for additional forbs and <br />woody plants to enhance overall stand diversity. Cicer milkvetch (a non - native <br />species) was added to the mix and the grass component was modified by a reduction <br />in overall seeding rate and increased diversity. Specific exceptions were made for <br />some small disturbed areas on US Forest Service land. <br />2. The Division has approved the use of mulching with straw at the rate of 4,000 <br />pounds per acre crimped in on slopes less than 3H:1 V. On steeper slopes, <br />hydromulch or straw held down with netting will be used as a means to meet soil <br />stabilization requirements (4.15.4). <br />Methods to measure herbaceous cover and production are discussed in Appendix H <br />of the permit application. The methods follow those suggested in the DMG Bond <br />Release Guideline, 1995. The Division has granted Oxbow Mining's request for the <br />25 <br />