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Section 816.104 (b) Continued. <br />• waste materials over the mine plan area is demonstrated to be insuffi- <br />cient to achieve the approximate original contour of the lands dis- <br />turbed, surface mining activities shall be conducted to meet, at a <br />minimum, the following standards-- <br />(1) Haul or convey, backfill, and grade, using all available spoil and <br />suitable waste materials from the entire mine area, to attain the lowest <br />practicable stable grade, to achieve a static safety factor of 1.3, and <br />to provide adequate drainage and long-term stability of the regraded <br />areas and cover all acid-forming and toxic-forming materials. <br />(2) Eliminate highwalls by grading or backfilling to stable slopes not <br />exceeding lv:2h (60 percent), or such lesser slopes as the regulatory <br />authority may specify to reduce erosion, maintain the hydrologic bal- <br />ance, or allow the approved postmining land use. <br />(3) Haul or convey, backfill, grade, and revegetate in accordance with <br />Sections 816.111-816.117, to achieve an ecologically sound land use <br />compatible with the prevailing use in unmined areas surrounding the mine <br />plan area; and <br />(4) Haul or convey, backfill, and grade, to ensure impounaments are <br />constructed only where-- <br />(i) It has been demonstrated to the regulatory authority's sans,"action <br />that all requirements of Sections 816.41-816.66 have been met; and <br />(ii) The impoundments have been approved by the regulatory authcri~y as <br />suitable for the approved postmining land use and as meeting the recuire- <br />ments of this Part and all other applicable Federal and State laws and <br />regulations. <br />As stated in Section 816.104 (a), Energy Fuels will have no <br />• thin overburden conditions at the surface coal mining and <br />- 516-134 <br />