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Peabody Coal Company anticipates that pit disturbances can be regraded <br />to approximate original contour as defined in the CMLRD Regulations <br />without hauling any box cut spoils back to the final pit. Peabody Coal <br />has further indicated that approximate original contour can be achieved <br />by regrading box cut spoils into the surrounding terrain and by <br />reducing the final pit highwall, if necessary. <br />Page 12-64 of the permit renewal application states that "Peabody Coal <br />Company has tried to take into account all of the factors that <br />contribute to the development of the final topography in the <br />preparation of the Post-mining Contour Map, Exhibit 12-g. As mining <br />progesses, Peabody will continue to monitor the estimated appearance of <br />the topography on [an] annual basis from yearly topographic maps of <br />graded areas. The post-mining contour map should be considered a "best <br />estimate". If Peabody Coal finds in its monitoring of swell, grading, <br />and field conditions that the post-mining topography will deviate <br />significantly and adversely from that shown on the map, the Division <br />will be notified." <br />Contemporaneous Reclamation <br />Peabody Coal Company has indicated in the application for permit <br />renewal that rough backfilling and grading at the Seneca II Mine will <br />be completed within 180 days following coal removal and will not be <br />more than four spoil ridges behind the active pit. <br />With acceptance by the applicant of the above stipulations, the <br />operation is in compliance with the requirements of this section. <br />/vj r <br />4131 F <br />