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<br />Page 61 <br />Construction Materials Rule 3 <br />water line where slopes shall be not steeper than 3:1. If a swimming area is proposed <br />as a portion of the Reclamation Plan, the slope, unless otherwise approved by the <br />Board or Office, shall be no steeper than 5:1 throughout the area proposed for <br />swimming, and a slope no steeper than 2:1 elsewhere in the pond. <br />rt6ta)~o) (8) If the Operator's choice of reclamation is for agricultural or <br />horticultural crops which normally require the use of farm equipment, the Operator <br />shall grade so that the area can be traversed with farm machinery. <br />(9) An Operator may backfill structural fill material generated within the <br />MLRB permitted area into an excavated pit within the permit area as provided for in <br />the MLRB Permit. If an Operator intends to backfill inert structural fill generated <br />outside of the approved permit area, it is the Operator's responsibility to provide the <br />Offrce notice of any proposed backfill activity not identified in the approved <br />Reclamation Plan. If the Office does not respond to the Operator's notice within <br />thirty (30) days after receipt of such Notice by the Office, the Operator may proceed <br />in accordance with the provisions of this Rule. The Operator shall maintain a <br />Financial Warranty at all times adequate to cover the cost to stabilize and cover any <br />exposed backfilled material. The Notice to the Office shall include but is not limited <br />to: <br />(a) a narrative that describes the approximate location of the <br />proposed activity; <br />(b) the approximate volume of inert material to be backfilled; <br />(c) a signed affidavit certifying that the material is clean and inert, <br />as defined in Rule 1.1(20); <br />(d) the approximate dates the proposed activity will commence <br />and end, however, such dates shall not be an enforceable condition; <br />(e) an explanation of how the backfilled site will result in a post- <br />mining configuration that is compatible with the approved post-mining land <br />use; and <br />(f) a general engineering plan stating how the material will be <br />placed and stabilized in a manner to avoid unacceptable settling and voids. <br />