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open pits within each mining block. <br /> Pursuant to Rule 4.14.1(1)(c), the Division approved a variance from the requirement that <br /> rough Backfilling and grading be conducted within 180 days following coal removal. <br /> Additionally, a variance from the requirement that there be no more than 4 spoil ridges <br /> behind the pit currently being worked was approved for specific areas. <br /> Rule 4.14.1(1)(c) states that: <br /> Rough backfilling and grading shall be completed within 180 days following coal <br /> removal and shall not be more than four spoil ridges behind thepit being worked, the <br /> spoil from the active pit being considered the first ridge. The Division may grant <br /> additional time for rough backfilling and grading if the permittee can demonstrate, <br /> through a detailed written analysis under 2.05.4(2)(c), that additional time is necessary. <br /> Based on the justification provided in PR4 amended narrative, detailed timeframe commitments <br /> and amended Exhibit 191A, the Division approved the requested variances of the requirements <br /> of Rule 4.14.1(1)(c). The variances applied to the request areas described and depicted in <br /> amended Tab 19 and amended Exhibit 194A. With the approval of PR4, the end of 2004 <br /> deadline for the Ridgeline Pit approved in 2004 no longer applied. The variance applied <br /> solely to the timing of backfilling and grading, and did not allow for more than four spoil ridges <br /> behind the pit being worked. <br /> In association with PR4, two changes were made to the Reclamation Scheduling table on page 6 <br /> of Tab 19. First,the time period for final grading was amended to include specific reference to <br /> the schedule on Exhibit 194A. Second, a specified time period for permanent channel <br /> construction was inserted (... .within one year of completion of final grading of adjacent <br /> backfill slopes...). Backfilling and grading timeframes (including variance request areas and <br /> deadlines)were revised once again with PR5, as a result of the early cessation of coal <br /> extraction. <br /> Backfilling and grading deadlines for the timeframe variance areas approved in PR5 are set <br /> forth on pages 5-7 of Tab 19 of the permit application, and depicted on the amended Exhibit <br /> 19-1 Backfill and Grading Plan. The Division approved a variance from the 180 day rough <br /> Backfilling and grading requirement of Rule 4.14.1(1)(c), for the variance areas. <br /> By June 2006, rough grading was completed in all of the variance areas with 2005 <br /> completion deadlines. Grading was completed in the Wadge Pit Central Area and Wolf <br /> Creek variance areas in 2007. <br /> Potentially acid forming or toxic forming spoil material was to be identified by sampling <br /> regraded spoil, for chemical treatment or burial with a minimum of four feet of topsoil. By <br /> neutralizing and/or isolating any acid or toxic forming material from the surface, and <br /> mixing limited quantities of such material with much greater volumes of alkaline and <br /> benign spoil material, any negative effects of problematic material would be ameliorated. <br /> No acid or toxic forming material was identified during reclamation operations, and there <br /> was no need for special handling of overburden materials. <br /> The Division approved this method for covering acid and toxic forming materials in order to <br /> prevent leaching into surface and ground water and to insure backfill stability. (4.14.3(2)). <br /> Small depressions in the backfill were be used to minimize erosion, create or enhance <br /> wildlife habitat, conserve soil moisture, and promote revegetation. The Division <br /> Page 29 of 37 <br />