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4.25.3 Soil Removal and Stockpiling: Unless exempted by Section 34-33-114(4)(b)of the Act, surface <br /> coal mining operation for all prime farmlands as identified in Section 34-33-110(2)(q)of the Act to be <br /> mined and reclaimed,must comply with specifications for soil removal,storage, replacement,and <br /> reconstruction to be established by the State Conservationist of the U.S. Natural Resources Conservation <br /> Service,and the operator shall be required, as a minimum to: <br /> (1) Segregate the A horizon of the natural soil, except where it can be shown that other available <br /> soil materials will create a final soil having a greater productive capacity,and, if not utilized <br /> immediately,stockpile within the permit area this material separately from other soil materials <br /> and spoil and provide needed protection from wind and water erosion or contamination by <br /> other acid or toxic material in accordance with 4.06.3. <br /> (2) Segregate the B horizon of the natural soil, or underlying C horizons or other strata,or a <br /> combination of such or other strata that are shown to be texturally and chemically suitable for <br /> plant growth and that can be shown to be equally or more favorable for plant growth than the B <br /> horizon, in sufficient quantities to create in the regraded soil a root zone of comparable depth <br /> and quality to that which existed in the natural soil, and, if not utilized immediately,stockpile <br /> within the permit area this material separately from other removed soil materials and spoil and <br /> provide needed protection from wind and water erosion or contamination by acid or toxic <br /> material in accordance with 4.06.3. <br /> Rule 2.07.6(2)(d)(v) [The affected area is] within 300 feet measured horizontally from any occupied <br /> residential dwelling, unless the owner thereof has provided a written waiver consenting to surface coal <br /> mining operations closer than 300 feet which states that the owner and signatory had the legal right to <br /> deny mining and knowingly waived that right. Valid waivers existing as of August 3, 1977 shall be <br /> considered binding for purposes of Rule 2.07.6(2)(d)(v) and binding subsequent purchasers of such valid <br /> waivers by prior owners. The waiver must be separate from a lease or deed unless the lease or deed <br /> contains an explicit waiver. A subsequent purchaser will be deemed to have constructive knowledge if <br /> the waiver has been properly filed in public property records pursuant to state laws or if surface coal <br /> mining operations have entered the 300-foot zone before the date of purchase. <br /> Rule 4.15.1(3) Each person who conducts surface coal mining operations shall maintain any necessary <br /> fences and utilize proper management practices. <br /> New Horizon Mine, Permit commitments: <br /> Section 2.07.6(2)(d)(v); [The affected area is] Not within 300 feet on an occupied dwelling unless a <br /> written waiver from the owner has been provided. Landowner waivers are provided in attachment <br /> 2.03.7-1. Waivers are found in Attachment 2.03.7-1, but nothing discusses or even suggests fencing. <br /> Permit section 2.05.4(2)(d).Topsoil storage. Topsoil stockpiles in place longer than 90 to 180 days will <br /> be stabilized with an annual grain cover crop. Long-term topsoil stockpiles will be stabilized by perennial <br /> plant establishment; seed mixture found in Section 2.05.4(4)(2)(e). This section describes the <br /> importance of establishing vegetative cover on long-term topsoil stockpiles. <br />