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necessary, a drainage control bench or furrow will be constructed on spoils slopes of 3:1 <br />(horizontal to vertical). Topsoil will then be applied in a rough condition, chiseled to relieve <br />compaction and contour furrowed to minimize erosion. <br />For most of the Mine's history, required average uniform topsoil replacement thickness was 18 <br />inches, although a 12 -inch average uniform replacement thickness was specified for Section 11. <br />With the approval of TR -62 (May 2006), the required average uniform topsoil replacement <br />thickness applicable to "original permit area" disturbances was eight inches. <br />With the submittal of TR -72, Colowyo proposed a variable topsoil replacement plan starting with <br />2009 reclamation. Conceptually, the TR -72 plan was acceptable but details were lacking. With <br />TR -82 a detailed plan was submitted for variable replacement depths in the South Taylor Pit and <br />West Pit. With this plan, on steeper slopes (over 10 percent) deeper soil is placed and the area is <br />seeded to grassland for post- mining grazing and for erosion control. On flatter slopes the areas <br />are covered with four inches of topsoil (on average) and seeded to sagebrush steppe. <br />D. Specific Findings Required by Rule 4.06 <br />The Division approved a waiver of the requirement for clearing of vegetation cover prior to <br />topsoil removal. Colowyo has demonstrated that inclusion of vegetation cover in salvaged <br />topsoil is necessary or desirable to ensure soil productivity consistent with the post- mining land <br />use (Rule 4.06.2(1)). <br />The Division granted a variance from topsoil removal in accordance with Rule 4.06.2(2)(a). <br />Areas which may qualify for variance are: areas where light traffic does not destroy existing <br />vegetation, areas where removal would result in needless damage to soil characteristics, steep <br />slopes of minimum topsoil depths, steep slopes hazardous for equipment operations, and areas of <br />construction of small structures such as power poles, signs or fence lines. <br />V. Sealing of Drilled Holes and Underground Openings - Rule 4.07 <br />The Permit is found to be in compliance with Rule 4.07. Each exploration hole, other bore hole <br />or other exposed opening constructed or encountered during mining will be cased, sealed or <br />otherwise managed (some holes are mined through) according to the requirements of 4.07. <br />Details are found in Section 2.05 of the PAP. Monitoring wells will be fitted with temporary <br />caps. Holes dug to aquifers will be sealed with cement or other suitable sealant to within ten feet <br />of the surface. <br />Colowyo has six active Notices of Intent (NOIs) to explore for coal. These NOIs have permit <br />numbers: X- 1995- 109 -05, X- 2003 - 109 -09, X- 2004 - 109 -10, X- 2005- 109 -11, X- 2005- 109 -12, <br />and X- 2006 - 109 -13. All of the NOIs are either in final reclamation waiting for a bond release <br />request or must remain bonded under the exploration reclamation bond due to remaining <br />Proposed Decision and Findings of Compliance January 2012 <br />Permit Renewal 06 Page 142 <br />