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Page 61 Construction Materials Rule 3 post mine land use and shall comply with the provisions of the Aet, Construction Material Rules and Regulations. (7) Maximum slopes and slope combinations shall be compatible with the conflguration of surrounding conditions and selected land use. In all cases where a lake or pond is produced as a portion of the Reclamation Pian, ail slopes, unless otherwise approved by the Board or Office, shall be no steeper than a ratio of 2:1 (horizontal to vertical ratio), except from 5 feet above to 10 feet below the expected water line where slopes shall be not steeper than 3:1. ff a swimming area is proposed as a portion of the Reclamation Plan, the slope, unless otherwise approved by the Board or Office, shall be no steeper than 5:1 throughout the area proposed for swimming, and a slope no steeper than 2:1 elsewhere in the pond. rrs(axo) (B) If the Operators choice of reclamation is for agricultural or horticultural rxops which normally require the use of faros equipment, the Operetor shall grade so that the area can be traversed with farm machinery. ~(g) An Operator may backfill structural fill material generated wihin the MLRB permitted area into an excavated pit within the permit area as provided for in the MLRB Permit.. If an Operator intends to backfill inert structural fill generated outside of the approved permit area, It is the Operator's responsibility to provide the Office notice of any proposed backfill activity not identified in the approved Reclamation Plan. If the Office does not respond to the Operator's notice within thirty (30) days after receipt of such Notice by the Office, the Operator may proceed in accordance with the provisions of this Rule. The Operator shad maintain a Flnanaal Warranty at all times adequate to cover the cost to stabilize and cover any exposed backfllled material. The Notice to the Office shall include but is not limited to: (a) a narrative that describes the approximate location of the proposed activity; (b) the approximate volume of inert material to be backfilled;