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CONSOLIDATION COAL CD. 9 CH 94-6-A through a large xaterway. Drainage in the area is not obstructed {Tr. 197-98). The State ciao evaluated the lead use capability of the. area. Illinois' primary coaaideratioa is ramtoriag faxmnbla ground. This iacludea prams farm lead sad an intezmediate category referred to as high capability ground. All other soils era labeled limited capability ground. The State iasurea that the mine compaxyy-replaces the approximate amount of prime sad high capability load that existed before mining, This avaluatioa is dose on a permit wide beefs. is this case the AOC evaluation could be done using the satire pit. The State inaurea that the farmers do sot lone formable ground (Tr. 199-200). TDD~i evaluated the isolated portion oP the permit knows ere thn Kadolph property and concluded that,' oa•that acreage, prime and high capability ground poet-mining exceeding the prime sad high capability ground originally present on the 1Cadolph land (Tr. 701). Prior to receiving the tea day aotiee from OSM, the State hoe issued a formal decision to Lynch and provided OeM with a copy. The elate was coafuaed by the ten day notice because OSM did aoE e~lain vhy it was diesatiatied with the 9tate'a reaponae to Lyaeh. The tea day notice reiterated Lynch'e complaints sad called them violatioae. The State had already iavaatigated the situation sad closed the iavestigatioa dower. It waa the witness' proleamional opinion that the site had been returned to AOC (Tr. 201-43). Oa croea examination the witaeee said that Consolidation had not requested a variance from AOC due to thick overburden. The amount of swell sraa not mentioned in the germit application. The State did sot consider thick overburden rhea it made the determination that Coaaolidatioa had met AOC on the site. Tha State did write a NOV when Consolidation began building the ditch before it was approved. The State ran satisfied with .the plane for the ditch sad approved it with alight modification. Ditch A- I was evaluated in terms 'of the xhole pit. The soil maps are provided by the 8011 Coasarvatioa Sesviee and reflect a elope range. it the maps showed a pre-miaiag elope range of 10 to 18 parcaat the State would allow a poet-miaiag elope of ao more than 18 peroeat. State inspectors chock for elope problems during the operation sad address them is the field as they arise {Tr. 209- ls) . • The Applicant called Martin William Schambnr, project engineer with Coasolidation'a sagiaeerfag Servioee Group in 6t. Louie. Sehamber eras formerly as aealetaat mine aagiaeer at euraiaq Star Ho. 5 is Pinckasyville. 8e is e~perieaced in r••-;~~ cos~utar mottwara ouch as diacaeesd by Mr. sebum sad area asked to evaluate the threr optioaa auggeated in Behum'~a