2012-10-04_REVISION - C1981022 (5)

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C- 1981 -022 PR -7 Findings October 4, 2012 as a supplement to, topsoil. The resulting soil should be equal to or better than the available fill material. This determination will be based on physical and chemical analyses and field -site trials approved by the Division (4.06.2(4)(a)). Oxbow Mining, LLC has agreed to remove and /or bury coal and coaly material on the pre -law Elk Creek yard area. Since topsoil is not available, the resulting surface material will be tested to determine if it is suitable as plant growth medium. If it is not, it will be covered by at least six inches of suitable plant growth medium or topsoil salvaged from development of the present coal mine waste pile area or the Sanborn Creek facilities areas. The areas stripped of topsoil for emplacement of the Sanborn Creek facilities will be regraded following mining, tested and treated with topsoil in a similar fashion. All stockpiled topsoil will be used in reclamation. None will be left stockpiled upon final reclamation. The topsoil stockpiled at the upper Hubbard Creek area will be used to partially cover pre -law waste piles that exist at the lower Hubbard Creek area. The upper Hubbard Creek bench will be retained as an approved USFS parking lot. Stipulation No. 25 addressed the need for an accurate, current assessment of topsoil balance across the mine site. This stipulation was satisfied by the Minor Revision 67, approved May 14, 2003. V. Sealing of Drilled Holes and Underground Openings The Division will require that each hole, well or other underground opening be capped, sealed, backfilled, or otherwise properly managed (4.07.3). This commitment is contained in the permit on pages 2.05 -20, 49 and 67. VI. Coal Mine Waste Banks The Division has approved plans for use, construction and maintenance of three coal mine waste disposal areas: the East Yard area, the West Valley Coal Refuse Facility, and the II West Coal Refuse Facility (4.10.1 (1)). The East Yard waste pile is in the process of reclamation; the West Valley site has very little capacity remaining. The II West site was approved since the previous permit renewal, and is receiving coal mine waste from the Elk Creek Mine. 2. The applicant has submitted a plan for disposal, at the approved disposal areas within the permit boundary, of mine waste materials generated by activities outside the permit boundary. These materials include waste piles at other mines. The applicant has demonstrated that disposal of such materials will not adversely affect water quality or flow, vegetation, public health, or stability of the disposal area based on hydrologic, geotechnical, physical, and chemical analyses. Therefore, the Division has approved disposal of these materials (4.10.1(2)). The disposal areas will be inspected quarterly by a qualified professional specialist under the direction of the professional engineer, experienced in construction of similar earth and waste structures. Inspection by this person has been approved by 27